Ex parte SHAIKH et al. - Page 3




               Appeal No. 2000-0093                                                                                                   
               Application No. 08/874,812                                                                                             

                       interior surfaces to replicate the graphic-model and form a unitary                                            
                       investment pattern;                                                                                            
                               (e)   forming a mold around said pattern, and                                                          
                               (f)   casting metal within said mold while removing the pattern from                                   
                       such mold either by evaporation during pouring of the molten metal                                             
                       thereinto or by melting or dissolution prior thereto.                                                          
                                                        THE PRIOR ART                                                                 
                       The references relied on by the examiner as evidence of obviousness are:2                                      
                       Tamura (Tamura ‘541)                    JP 64-034,541                  Feb. 06, 1989                           
                       Tamura (Tamura ‘340)                    JP 01-178,340                  Jul.  14,  1989                         
                                                       THE REJECTIONS                                                                 
                       Claims 13 through 19 and 22 through 25 stand rejected under 35 U.S.C. § 112,                                   
               second paragraph, as failing to particularly point out and distinctly claim the subject                                
               matter the appellants regard as the invention.                                                                         
                       Claims 1, 8 through 11, 13 through 19 and 22 through 26 stand rejected under                                   
               35 U.S.C. § 103(a) as being unpatentable over either Tamura ‘541 or Tamura ‘340.                                       
                       Attention is directed to the appellants’ brief (Paper No. 10) and to the examiner’s                            
               final rejection and answer (Paper Nos. 7 and 11) for the respective positions of the                                   
               appellants and the examiner with regard to the merits of these rejections.3                                            

                       2 Copies of the English language translations of these references which were mailed to the                     
               appellants with the decision in the prior appeal (see n.1, supra) are appended hereto for convenience.                 
                       3 In the final rejection and answer, the examiner mentions a number of references which are of                 
               record, but not included in the statement of the § 103(a) rejection, to support the conclusion of                      
               obviousness.  Where a reference is relied on to support a rejection, however, whether or not in a minor                
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