Ex parte SANDERS - Page 7




              Appeal No. 2001-1464                                                                Page 7                
              Application No. 09/141,499                                                                                


              part to a temperature at which the material of which the part is made exhibits superplastic               
              properties, as required by each of independent claims 1, 15 and 32, as well as all claims                 
                                                                                      4                                 
              depending therefrom, and as the additional references (Taylor, AAPA , Latham and                          
              Tsuchiya) relied upon by the examiner in rejecting the claims likewise do not teach or                    
              suggest such a step, we shall not sustain any of the examiner’s rejections.                               

























                     For the reasons expressed on pages 16 and 17 of the brief, we share appellant’s view that the4                                                                                                 
              examiner’s characterization of the paragraph bridging pages 3 and 4 of appellant’s specification (AAPA) as
              teaching heating a pull die to about the superplastic temperature of the tubing material (final rejection, page
              11) is unsound.                                                                                           







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