Appeal No. 98-2457
Application No. 08/851,312
process for manufacturing a superconducting elongated article
wherein the filled metal pipe would be subjected first to
cold-plastic deformation and then to hot-plastic deformation
to reduce the cross section of the metal pipe and compact the
powdered filling material. Nor do we agree with the examiner
that the particular sequencing of the cross section reducing
or deformation of the filled metal pipe as in claim 28 on
appeal can be treated or accounted for by merely urging that
such sequencing is "deemed to be matters of design choice"
(answer, page 4). Appellants’ brief, at page 9, clearly
indicates that the combination of cold and hot working of the
filled metal pipe as claimed results in increased density of
the material powder and is much more effective in this regard
than either cold or hot working alone.
As for the requirement in claim 28 concerning controlling
the cooling of the resulting metal pipe containing sintered
ceramic material powder to a rate of less than 50ºC/min, we
must agree with appellants that the examiner has failed to
demonstrate that such a rate of cooling is taught or fairly
suggested by Jin. Nor do we find the examiner’s alternative
9
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007