Appeal No. 2000-0178
Application 08/686,630
a metalic compound it would have been recognized by those
skilled in the art as a unique class of metallic materials that
form long-range ordered crystal structures distinct from the
structure of other metals and metal alloys and which thus have
characteristics (particularly at room temperature) that make the
intermetallic materials more akin to being classified as ceramics
than as metals. Thus, it is our opinion that the mere disclosure
in the American Machinist article of metal parts formed of
titanium and titanium alloys is not alone sufficient to justify
the examiner’s proposed combination of Nazmy and the American
Machinist article.
Since we have determined that the teachings and suggestions
found in Nazmy and the American Machinist article would not have
made the subject matter of claims 1, 2 and 11 through 13 on
appeal obvious to one of ordinary skill in the art at the time of
appellants’ invention, we must refuse to sustain the examiner’s
rejection of those claims under 35 U.S.C. § 103.
As for the examiner’s additional rejections of claims 3
through 10 and 14 through 20 under 35 U.S.C. § 103, we have
reviewed the patents to Neal and Baumann, and Mannava (‘329) and
10
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