Appeal no. 97-1293
Application no. 08/281,812
Yajima’s ceramic powders are considerably lower than their melting temperatures.
Hence, the examiner failed to provide a basis to conclude that the melting point of titanium
diboride would suggest a sintering temperature above 2000EC. In addition, the examiner
failed to provide evidence or sufficient reasoning as to why sintering temperatures outside
those taught by Lukacs and Yajima would constitute result-effective variables. See In re
Yates, 663 F.2d 1054, 1056, 211 USPQ 1149, 1151 (CCPA 1981). Cf., In re Boesch,
617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980).
The examiner also takes a position which is inconsistent with any such suggestion
to modify the sintering temperature. Yajima teaches a sintering temperature of up to
2000EC (col. 10, lines 23-39), which is closer to the claimed temperature than the 1600EC
of Example 2 in Lukacs, yet the Examiner states at p. 13, para. 4 of his Answer:
The combination of references as set forth by the examiner does not contemplate
the use of the process conditions of Yajima et al.”
Taken at face value, the examiner’s statement would not lend support for extending the
temperature from 1600EC, as taught in Lukacs, up to 2000EC, as taught in Yajima. If the
examiner is unwilling to rely on the teachings of Yajima to go from 1600EC up to 2000EC, it
is unclear on the record why one skilled in the art would go above 2000EC.
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