Appeal No. 1997-4374 Page 5
Application No. 08/317,679
separate housing and shaft components and then contour welding
those components together.
Furthermore, according to the evidence presented by
appellant (see page 672 in volume 12 of the Encyclopedia
Britannica), cold working alters the grain structure of the
metal to produce a finer grained metal. Thus, there is
unchallenged evidence that cold-extruding the housing
structurally alters the housing to distinguish the final
product from the prior art. The method limitation of cold
extruding the housing must therefore be given weight in
determining the patentability of the appealed claims under the
holding in In re Hallman, 655 F.2d 212, 215, 210 USPQ 609, 611
(CCPA 1981).
None of the applied references, namely the Buhl and
Australian patents, teaches or suggests the concept of cold
extruding any part let alone the housing of an angle joint as
called for in the independent claims.
We are not unmindful of the citation of the Hasler
reference in the examiner’s answer to support his position that
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