Ex parte YUAN - Page 12

          Appeal No. 1997-0461                                                         
          Application 08/267,683                                                       

          claimed compositions are intended to be used in a process                    
          employing higher pressure and temperatures than encountered in               
          the process disclosed by the Fujii et al. references.  In the                
          first instance, as correctly noted by the examiner, the                      
          subject matter claimed is not a process but a composition.  By               
          analogy, the composition of aspirin remains the same whether                 
          used in a method for treating headaches or when used as a                    
          prophylactic against stroke.                                                 
               Further, there is absolutely no evidence in this record                 
          comparing the temperatures and pressures in the prior art                    
          processes with the temperatures and pressures in appellant's                 
          disclosed broaching process. Whether, for example, in a                      
          process of broaching a soft metal such as brass or aluminum                  
          appellant reaches the temperatures and pressures reached by                  
          Fujii et al. when cold working titanium, for example, is                     
          complete conjecture by appellant.  Accordingly, we give                      
          appellant's arguments concerning the differences in the                      
          processes the weight of mere attorney argument.  We find                     
          absolutely no merit to appellant's tangential argument at page               
          7 of his main brief that the Fujii et al. references are                     
          "entirely nonanalogous to the present lubricant/coolant                      


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