Ex parte EYLON et al. - Page 4




          Appeal No. 1997-3260                                                        
          Application 08/506,153                                                      


          each of the primary references, discloses “a composite                      
          material having a reinforcement texture and a matrix, the                   
          composition of the matrix varying substantially without                     
          discontinuity along a thickness direction of the structure,                 
          from being an essentially refractory material, in the region                
          of a front face intended to be exposed to very high                         
          temperatures, to being an essentially heat conductive                       
          material” (col. 2, lines 4-11).                                             


               The examiner argues that “each of the primary references               
          discloses actual process steps for producing a metal matrix                 
          composite substantially the same as the steps recited in the                
          claims on appeal” (answer, page 5).  The examiner, however,                 
          has not explained where any of the primary references                       
          discloses a step for making the fiber density graduated.  Nor               
          has the examiner explained why Boury would have fairly                      
          suggested, to one of ordinary skill in the art, making such a               
          modification to any of the primary references.  Instead, the                
          examiner has merely made an assertion to that effect (answer,               
          page 5).                                                                    
               The primary references disclose techniques for                         
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