Ex parte BUSCHOW et al. - Page 6




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


               Secondly, the examiner’s combination of Ghandehari ‘499                
          and Ghandehari ‘574 (whether applied together or by                         
          “incorporation-by-reference”) has no proper basis.  It is not               
          disputed that Ghandehari ‘574 discloses the conventional “mix-              
          align-compress-sinter” steps in preparing a permanent magnet                
          comprising NdFeB with at least one rare earth oxide (column 2,              
          lines 5-19; column 2, line 63-column 3, line 2; column 3,                   
          lines 39-57; and column 4, lines 33-34).  Ghandehari ‘499                   
          discloses a permanent magnet composition comprising NdFeB with              
          at least one particulate additive metal including, inter alia,              
          gallium and rare earth metals such as dysprosium and terbium                
          (column 2, line 60-column 3, line 17; column 3, line 61-column              
          4, line 5; and column 4, lines 41-53).  However, Ghandehari                 
          ‘499 teaches that it is “critical” to the invention that the                
          heating temperature of the mixture of the alloy and additive                
          metal be at least 150EC. less than the sintering temperature                
          (column 5, lines 9-23).  One of the objects of Ghandehari ‘499              
          is to produce an “unsintered permanent magnet” (column 3,                   
          lines 12-14).                                                               
               “When relying on numerous references or a modification of              
          prior art, it is incumbent upon the examiner to identify some               
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