Ex parte FISCHER - Page 11




          Appeal No. 1998-2702                                                        
          Application No. 08/466,507                                                  

          F.2d 792, 794, 215 USPQ 569, 571 (CCPA 1982)), we will sustain              
          the rejection of claims 5 and 7 on the basis of these two                   
          references.                                                                 


               We have carefully considered all of the arguments set out              
          by the appellant as they might apply to those rejections which              
          we have sustained.  The arguments focus almost entirely upon                
          the method by which the finished part is manufactured, that                 
          is, conditions that exist for a time prior to the final form                
          of the part.  However, the claims are not directed to a method              
          of manufacturing a part, but to the part in its finished form.              
          For this reason, the arguments are not persuasive.                          


                                       SUMMARY                                        
               The rejection of claims 4, 5 and 7 under 35 U.S.C. § 112,              
          second paragraph, is not sustained.                                         
               The rejection of claim 4 under 35 U.S.C. § 102(b) as                   
          being anticipated by Nakamura is sustained.                                 
               The rejection of claim 6 under 35 U.S.C. § 103 as being                
          unpatentable over Nakamura is not sustained.                                



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