Appeal No. 98-2126 Page 12
Application No. 08/490,180
requires all of the shot material to be heated "to or above"
the recrystallization temperature. Note dependent claim 47
which sets forth that the powdered alloy comprises a plurality
of green compacts, one of which is a binding agent, and that
the temperature of the binding agent is increased to at least
the recrystallization temperature.
From the recitations in this dependent claim, it is readily
apparent that there is no intent upon the part of the appellant
that all of shot material in parent claim 45 be heated to or
above the recrystallization temperature.
In summary:
The rejection of claim 42 under 35 U.S.C. § 112, second
paragraph, is affirmed.
The rejection of claims 34 and 45-47 under 35 U.S.C. §
103(a) as being upantentable over Keiji is reversed.
A new rejection of claims 45-47 under 35 U.S.C. § 103(a)
as being unpatentable over Keiji in view of Straub has been
made.
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