Ex parte SEXTL et al. - Page 8

          Appeal No. 1997-1549                                                        
          Application No. 08/208,143                                                  

          would have arrived at the sintering temperature range which                 
          appellants use to obtain the desired mechanical properties.                 
               Also, the cellular structure being sintered by Hakansson               
          includes layers of inorganic fibers.  Such fibers are not                   
          excluded by appellants’ claims, but are not disclosed as being              
          part of the molded body which has the recited breaking                      
          strength.  The examiner has not explained why, even if                      
          Hakansson’s cellular structure containing these fibers were                 
          sintered at 850-1100EC, the resulting product would have a                  
          breaking strength of 10 to 150 N.  Furthermore, even if the                 
          applied references were considered to have suggested, to one                
          of ordinary skill in the art, eliminating these inorganic                   
          fibers and using only the clay as Gloffre’s binder, the                     
          examiner has not explained why such a person would have                     
          considered the same temperature range used by Hakansson when                
          the fibers are present to also be the temperature range to use              
          when the fibers are absent.                                                 
               The examiner argues that if Gloffre’s zeolite were                     
          calcined at Plank’s temperature, the breaking strength would                
          be the same as that of appellants (answer, page 7).  This                   
          argument is not well taken because the examiner has provided                

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