Appeal No. 1996-3859
Application No. 08/278,910
steps, heat from the center of the rod reheats the surface of
the rod (col. 1, lines 14-31; figure 1).
The examiner points out that the Vanneste ‘472 wire and
Hoffmann’s rod both can have a diameter of 5 mm, and argues
that Hoffmann’s teaching that “[g]enerally a greater number of
successive cooling processes will be possible, more quenching
operations being feasible in the case of small diameter rods
than in that of large-diameter rods, because of the more rapid
equalization of temperature between the core and the
periphery” (col. 3, lines 17-22) would have fairly suggested,
to one of ordinary skill in the art, use of multiple water
cooling and air cooling steps in the Vanneste ‘472 process
(answer, pages 4 and 7-9). Even if the combined teachings of
Vanneste ‘472 and Hoffmann would have fairly suggested, to one
of ordinary skill in the art, use of multiple water cooling
and air cooling steps when the Vanneste ‘472 wire is 5 mm, the
examiner has not explained why such a person would have been
led to use multiple cooling steps when cooling a wire having a
diameter below 2.8 mm as recited in appellants’ claim 19.
Vanneste ‘472 teaches that when a wire having a 3.10 mm
diameter is used (example 1), the desired transformation to
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