Appeal No. 96-2056
Application No. 08/210,139
According to appellants, the invention is directed to a
process for forming an amorphous alloy material by holding the
material defined by formulas (I) or (II) between frames under
pressure and at specified temperatures and times (Brief, pages
1-2). Claim 11 is illustrative of the subject matter on
appeal and is attached as an Appendix to this decision.
The examiner has relied upon the following reference as
evidence of obviousness:
Masumoto et al. (Masumoto ‘196) 5,032,196 Jul. 16, 1991
(filed Nov. 5, 1990)
This merits panel cites and relies upon the following
reference, not previously of record in this application : 2
Masumoto et al. (Masumoto ‘935) 5,074,935 Dec. 24, 1991
(filed Jun. 22, 1990)
Claims 11 through 14 stand rejected under 35 U.S.C. § 103
as unpatentable over Masumoto ‘196 (Answer, page 3). We 3
reverse this rejection for reasons which follow.
2A copy of this reference is attached to this decision.
3The examiner’s final rejection of claims 11-14 under the
judicially created doctrine of obviousness-type double
patenting over claims 1 and 9 of U.S. Patent No. 5,324,368
(the parent of this application) has been overcome by
appellants’ submission of a Terminal Disclaimer dated May 30,
1995 (Answer, page 1).
2
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