Appeal No. 1997-1549
Application No. 08/208,143
the appellants. Particularly since the Hakansson
reference on pg. 3 lines 35-38 teaches that
temperatures should be employed which reduce the
ability of the binder to absorb water - which
appears to be the same reason mentioned by the
appellants on pg. 4 line 25 to pg. 5 line 2 of the
appellants’ specification. The determination of
suitable temperatures above 500 to 600 EC is a matter
of routine optimization.
The examiner’s argument that appellants appear to calcine
the molded body at a temperature of 850-1100EC to reduce the
ability of the binder to absorb water does not appear to be
supported by the record. The portion of appellants’
specification relied upon by the examiner teaches that the
calcining is decisive in determining the mechanical properties
of the molded body such as the breaking strength and porosity,
and that the calcining also influences the hydrophobic
character of the molded body. Thus, the specification
indicates that the calcining temperature is selected to be
that which gives the desired mechanical properties, rather
than being that which best reduces the ability of the binder
to absorb water. It is not apparent why, even if one of
ordinary skill in the art were to optimize Hakansson’s
sintering temperature to best reduce the ability of the binder
to absorb water, as proposed by the examiner, such a person
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