Ex parte SEXTL et al. - Page 7

          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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