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. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007