Ex parte TANK - Page 6




          Appeal No. 1999-2735                                       Page 6           
          Application No. 08/672,440                                                  


          taught by Adia since such a modification would have reduced                 
          the overall processing time and increased machining efficiency              
          (answer, page 4).  The appellant argues that the combination                
          proposed by the examiner is based on hindsight (brief, page                 
          13) and that any combination of the two references would not                
          lead to the claimed tool component (brief, page 14).                        


               Although the examiner proposes that the combined                       
          teachings of Olmstead and Adia render the claimed structure                 
          obvious under 35 U.S.C. § 103, we do not find any teaching or               
          suggestion of how the V-shape (or cross-shape) recess (20, 40)              
          of Adia would be combined with Olmstead to arrive at the                    
          subject matter of the appellant's claim 1.  The examiner                    
          suggests that one of ordinary skill could have modified step                
          (44a) of Olmstead's embodiment of Figs. 5 and 6 with Adia's                 
          wedge-shaped configuration.  However, it is our view that                   
          incorporating Adia's V-shape recess (20), which has a portion               
          (21) coincident with the periphery of the carbide substrate                 
          (12), into Olmstead's shallow recess portion is contrary to                 
          Olmstead's teaching that "the recess is surrounded by carbide               
          and is located entirely within the carbide substrate" (column               







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