Ex parte BUSCHOW et al. - Page 3




          Appeal No. 96-0021                                                          
          Application No. 08/105,820                                                  


          as obvious over Ghandehari ‘499 in view of Ghandehari ‘574                  
          (Id.).  We reverse all of the examiner’s stated rejections for              
          reasons which follow.                                                       
                                                                                     


                                       OPINION                                        
               A.  The Rejection under § 102(b)                                       
               The method recited in appealed claim 6 comprises forming               
          a mixture of a powder of NdFeB and a powder of an alloy                     
          consisting of specified amounts of gallium and at least one                 
          rare earth metal, magnetically orienting (i.e., aligning) the               
          mixture, compressing the mixture, and sintering the compressed              
          mixture in an oxygen-free atmosphere.                                       
               The examiner recognizes that Ghandehari ‘499 fails to                  
          disclose a sintering step but “teaches a sub-sintering step”                
          (Answer, page 3).  However, the examiner finds that Ghandehari              
          ‘499 teaches that “it is old and therefore well known” that                 
          the method steps “mix-align-compress-sinter” for compounds                  
          comprising NdFeB are part of “the previous state of the art”                
          (Id. citing column 4, the paragraph beginning at line 6).  The              


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