Appeal No. 1996-2484
Application 08/239,439
reasoning which shows that the alloys which the applied
references disclose or would have fairly suggested, to one of
ordinary skill in the art, would have been considered by one
of ordinary skill in the art to be suitable as a material of
construction of a casting roll or casting wheel. In the
applied references, the alloys are used in devices such as
welding electrodes, electrical switches, relays and
connectors, springs, contacts, and injection molding tools.
The examiner has not explained why the applied references
would have provided one of ordinary skill in the art with a
reasonable expectation that the alloys recited in appellants’
claims are suitable as a material of construction of a casting
wheel or casting roll. See In re Vaeck, 947 F.2d 488, 493, 20
USPQ2d 1438, 1442 (Fed. Cir. 1991); In re O’Farrell, 853 F.2d
894, 902, 7 USPQ2d 1673, 1680 (Fed. Cir. 1988); In re Longi,
759 F.2d 887, 892-93, 225 USPQ 645, 648 (Fed. Cir. 1985). The
examiner, therefore, has not carried the burden of
establishing a prima facie case of obviousness. Consequently,
we do not sustain the examiner’s rejections.
DECISION
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