Appeal No. 97-1156
Application 08/192,270
anticipated
by, and under 35 U.S.C. § 103 as being unpatentable over, Ito
‘085.
As to the anticipation issue, we find that the Ito ‘085
patent, addressed to a ceramic turbocharger rotor, relies
exclusively upon soldering or brazing (metallurgical joining
means) for assembling the rotor parts together. Thus, Ito
‘085 lacks, at the least, mechanical joining means for joining
an intermediate member to a metallic member, as required by
independent claims 30, 31, and 38. It follows that Ito ‘085
is not an anticipatory reference within the meaning of 35
U.S.C.
§ 102(e). Further, in the matter of the obviousness issue, it
is clear to us that the Ito‘085 teaching of exclusive reliance
upon soldering or brazing would not have been suggestive of
any mechanical joining means, as claimed. Accordingly, the
claimed invention would not have been rendered obvious under
35 U.S.C.
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