Appeal No. 96-0154
Application No. 08/047,434
The following prior art is relied upon by the examiner as
evidence of obviousness:
Salesky et al. (Salesky) 4,593,776 Jun.
10, 1986
Metals Handbook, Ninth Edition, Volume 4, "Heat Treating,"
American Society for Metals, Ohio (1981), pp. 561-574, 589-
599, 628-634.
The Admitted Prior Art described on page 1 of the subject
specification
All of the claims on appeal stand rejected under 35
U.S.C.
§ 103 as being unpatentable over the Admitted Prior Art or
Salesky in view of the Metals Handbook. In the paragraph
bridging pages 5 and 6 of the Answer, the examiner expresses
his obviousness conclusion in the manner set forth below:
Metals Handbook discloses the conventional heat
treatment steps used in the art for tool steels such
as AISI D2. .... In view of the disclosure in
Metals Handbook that these are the conventional
treatments required in tool steels to maximum their
properties, it would be obvious to one of ordinary
skill in the art to quench and temper the tool
steels of appellants' prior art and Salesky because
this would optimize their properties. The tempered
martensitic structure containing a fine dispersion
3
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