Ex parte SAWADA et al. - Page 11




          Appeal No. 98-2457                                                          
          Application No. 08/851,312                                                  


          subjecting the filled metal pipe to "hot-plastic deformation"               
          to reduce the cross section of the metal pipe to such extent                
          that the cross section is "reduced at a dimensional reduction               
          ratio ranging from 16% to 92% under a heated condition, so                  
          that the material powder filled in the metal pipe is sintered"              
          (emphasis added), and then cooling the resulting metal pipe                 
          containing sintered ceramic material powder therein "slowly at              
          a rate of less than 50ºC/min."                                              


          We find nothing in Jin which would have been suggestive                     
          to one of ordinary skill in the art at the time of appellants’              
          invention of subjecting the filled metal pipe therein to "hot-              
          plastic deformation" to reduce the cross section of the metal               
          pipe to such extent that the cross section is "reduced at a                 
          dimensional reduction ratio ranging from 16% to 92% under a                 
          heated condition, so that the material powder filled in the                 
          metal pipe is sintered" (emphasis added), and then cooling the              
          resulting metal pipe containing sintered ceramic material                   
          powder therein "slowly at a rate of less than 50ºC/min."  Even              
          if we might agree with the examiner that Jin (col. 5, lines                 
          62-65) is suggestive of hot-plastic deformation of the filled               
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