Ex Parte GAUCKLER et al - Page 2


              Appeal No. 2001-1668                                                                                       
              Application 09/036,754                                                                                     

                     thermally activating the resultant slip and waiting until decomposition products are                
              formed, said decomposition products changing said surface charge of the slip particles leading to          
              solidification, thus forming a wet ceramic green part; and                                                 
                     demolding the wet ceramic green part.                                                               
                     The appealed claims, as represented by claim 36, are drawn to a process for the                     
              production of a ceramic green part which comprises at least the steps specified in the claim,              
              wherein an active substance, which is a chemical which is decomposable due to time delayed,                
              temperature sensitive reactions, is thermally activated to form decomposition products that                
              change the surface charge of the slip particles leading to solidification of the slip to form the          
              ceramic green part.  Appealed claim 37 specifies that the active substance is a polymer with ester         
              groups.  According to appellants, the claimed process “suppresses migration and heterogeneous              
              distributions of soluble components as the hardening step is not dominated by water withdrawal”            
              (specification, page 5).                                                                                   
                     The references relied on by the examiner are:                                                       
              Bennett et al. (Bennett)                 4,732,213                          Mar. 22, 1988                
              Fleming et al. (Fleming)                 4,775,401                          Oct.    4, 1988              
                     The examiner has rejected appealed claims 36 through 42 under 35 U.S.C. § 103(a) as                 
              being unpatentable over Fleming in view of Bennett.                                                        
                     While appellants state in their brief (page 5) that “[a]ll claims should be separately              
              considered,” we find that specific, substantive arguments has been presented only with respect to          
              appealed claims 36 and 37.  Thus, we decide this appeal based on appealed claims 36 and 37.                
              37 CFR § 1.192(c)(7) (2000).                                                                               
                     We affirm the ground of rejection with respect to appealed claims 36 and reverse with               
              respect to appealed claims 37 through 42.                                                                  
                     Rather than reiterate the respective positions advanced by the examiner and appellants,             
              we refer to the examiner’s answer and to appellants’ brief for a complete exposition thereof.              
                                                        Opinion                                                          
                     We have carefully reviewed the record on this appeal and based thereon find ourselves in            
              agreement with the examiner that the claimed process for the production of a ceramic green part            
              encompassed by appealed claim 36 would have been obvious over the combined teachings of                    


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