Ex parte MEERSSCHAUT et al. - Page 5




          Appeal No. 1996-3859                                                        
          Application No. 08/278,910                                                  


          Accordingly, we affirm the rejection of these claims.                       
          However, we reverse the rejections of the other claims.                     
               Vanneste ‘472 discloses a process for manufacturing a                  
          pearlitic steel wire and avoiding the formation of martensite               
          and bainite in the wire (col. 3, lines 5-9; col. 2, lines 20-               
          25).  The wire can have a diameter of about 1.5 to 5 mm (col.               
          3, lines 53-55).  In one embodiment the wire is heated and                  
          then cooled by stable film boiling in water and further cooled              
          in air, and transformation to pearlite occurs in the air a few              
          meters after the wire leaves the water bath (col. 6, lines 27-              
          37 and 46-47).  Thus, as shown in figure 3 of Vanneste ‘472,                
          there is a pre-transformation cooling stage in which cooling                
          by stable film boiling and by air cooling take place.  The                  
          wire used to obtain figure 3 had a diameter of 3.10 mm (col.                
          6, line 11).  However, the teaching that suitable wire                      
          diameters include smaller values down to about 1.5 mm (col. 3,              
          lines 53-55) would have fairly suggested, to one of ordinary                
          skill in the art, applying the process of this embodiment to                
          wire diameters as small as about 1.5 mm.                                    
               Appellants rely upon an article by Takeo and declarations              
          by Lefever, Meersschaut and Aernoudt for teachings of                       
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