Ex parte SCOTT et al. - Page 3




                 Appeal No. 2001-0573                                                                                                                   
                 Application No. 08/638,245                                                                                                             


                 Claims 1 through 9 and 14 through 17 stand rejected under                                                                              
                 35 U.S.C. § 103(a) as being unpatentable over Applicants'                                                                              
                 Admitted Prior Art (AAPA) in view of Scales.1                                                                                          




                 Claims 1, 2, 5, 6 and 14 stand rejected under 35 U.S.C.                                                                                
                 § 103(a) as being unpatentable over Scott in view of Scales.                                                                           



                          1While the examiner has not specifically identified                                                                           
                 exactly what is considered to be Applicants' Admitted Prior                                                                            
                 Art (AAPA), after having reviewed the application file, we are                                                                         
                 of the opinion that the AAPA is merely a prior art cutter or                                                                           
                 steel-toothed cone like that described on page 2 and in lines                                                                          
                 4-26 on page 3 of the specification and as generally shown in                                                                          
                 Figure 1 of the application drawings, wherein selected                                                                                 
                 surfaces of each tooth have typically been hardfaced with a                                                                            
                 wear resistant material (e.g., particles of tungsten carbide                                                                           
                 dispersed in a steel or cobalt binder matrix) and the cutter                                                                           
                 thereafter carburized to create a desired case depth, and then                                                                         
                 hardened and tempered.  What the AAPA does not include is any                                                                          
                 recognition of the particular problem appellants have found in                                                                         
                 such prior art steel-toothed cutters, i.e., that the                                                                                   
                 carburizing treatment tends to form an excess of carbon along                                                                          
                 the relatively sharp corners defined by the intersection of                                                                            
                 the tooth flanks and the ends of the teeth in the region near                                                                          
                 the base or root of each tooth and that such undesirable                                                                               
                 concentration of carbides at such locations tends to make the                                                                          
                 teeth more brittle and more subject to fracture than the                                                                               
                 remainder of the tooth surface, thus leading to cracking and                                                                           
                 breakage of the teeth, especially with the increased wear                                                                              
                 resistance of the hardfacing deposits thereon and the longer                                                                           
                 service life of the cutter.                                                                                                            
                                                                           3                                                                            





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