Appeal No. 96-0021
Application No. 08/105,820
suggestion to combine references or make the modification.”
In re Mayne, 104 F.3d 1339, 1342, 41 USPQ2d 1451, 1454 (Fed.
Cir. 1997). The examiner has not identified any suggestion to
combine the Ghandehari ‘499 and ‘574 references, especially in
view of the specific teaching in Ghandehari ‘499 to avoid
sintering when employing a gallium and rare earth metal
additive with the NdFeB base composition to produce a
permanent magnet.
For the foregoing reasons, we determine that the examiner
has not established a prima facie case of obviousness over the
applied prior art references. Accordingly, the rejections of
claims 4 through 9 under 35 U.S.C. § 103 as unpatentable over
Ghandehari ‘499 alone or in view of Ghandehari ‘574 are
reversed.
The decision of the examiner is reversed.
REVERSED
WILLIAM F. SMITH )
Administrative Patent Judge )
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