Interference No. 102,712
motion. 37 CFR § 1.637(a). Suzuki has not shown good cause
why this was not done.
As to the merits, it has been found (Decision on Motions,
pages 13-14) that Augustine claim 20 is a generic claim to a
coated ceramic cutting tool comprising a ceramic substrate,
including a ceramic matrix and reinforcing whiskers, and an
adherent chemical and friction resistant coating layer.
Suzuki does not dispute that this generic claim embraces the
subject matter set forth in its involved claims. In addition,
Augustine’s dependent claims clearly point to use of the
particular matrix and coating materials recited in Suzuki’s
claims. To wit, Augustine claim 23 specifically refers to TiC
as a matrix material, and Augustine claim 21 specifically
refers to three of the six titanium coating layer compounds
recited in Suzuki’s claims. Also, as noted by Augustine,
Augustine claims 31-60 all refer to SiC as a whisker material,
albeit in association with an alumina matrix. Moreover, the
APJ found, and Suzuki apparently does not dispute, that SiC is
recognized in the prior art (Ekstrom UK patent application
2,157,282 - attachment to Paper No. 47) as an alternative
whisker material for use in ceramic cutting tool substrates.
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