Ex parte SUSNJARA - Page 9




                     Appeal No. 2000-2154                                                                                                                                              
                     Application 09/136,761                                                                                                                                            


                     which simply amount                                                                                                                                               




                     to attorney argument and do not convince us that one of                                                                                                           
                     ordinary skill would be dissuaded from modifying Mdller as                                                                                                        
                     suggested by Held.                                                                                                                                                
                                           Rejection (2) will accordingly be sustained.                                                                                                
                                                                             Rejection (3)                                                                                             
                                Claims 7 to 10 read:                                                                                                                                   
                                7.  A tool according to Claim 1 wherein said abrasive                                                                                                  
                     particles have a grit size of 150.                                                                                                                                
                                8.  A tool according to Claim 1 wherein said abrasive                                                                                                  
                     particles consist of diamond grit.                                                                                                                                
                                9.  A tool according to Claim 8 wherein said abrasive                                                                                                  
                     particles have a grit size of 150.                                                                                                                                
                                10.  A tool according to Claim 1 wherein said member is                                                                                                
                     formed of carbide steel and said particles are formed of a                                                                                                        
                     synthetic diamond material having a grit size of 150.                                                                                                             
                                In making this rejection, the examiner stated on page 3                                                                                                
                     of the final rejection that:                                                                                                                                      
                                           Claim 7-10 are rejected under 35 U.S.C. § 103(a) as                                                                                         
                                being unpatentable over Miller [sic] as modified by Held5                                                                                              

                                5Since claims 7 to 10 do not recite any flutes, it is not                                                                                              
                     apparent why the examiner included Held in this rejection.                                                                                                        
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