Appeal No. 1996-3496
Application No. 08/167,288
precursor particles (inert carrier particles) having the
claimed particle size in the ceramic making process of Wald.
See Answer, page 5.
As is apparent from our interpretation above, the
examiner has improperly construed the claimed “carrier
particles of an inert material” as including the large alpha
alumina precursor particles. Appellants correctly determine
that the large alpha alumina precursor particles do not have
any physical and/or functional attributes of the claimed inert
carrier particles. See Brief, pages 17-22. The large alpha
alumina precursor particles, unlike the claimed “carrier
particles of an inert material”, react with other smaller
precursor particles during sintering (conversion) to form
permanent bond therebetween, thus producing ceramic particles
larger than the large alpha alumina precursor particles. See
Wald, column 3, lines 5-19. There simply is no recognition in
either Wald or Leitheiser of the importance of using the
claimed “carrier particles of an inert material” for the
purpose of conveying the resulting ceramic powder.
Accordingly, we cannot sustain the examiner’s § 103 rejection
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