Ex parte CHOW et al. - Page 2




               Appeal No. 1999-0808                                                                          Page 2                 
               Application No. 08/645,397                                                                                           


                                                         BACKGROUND                                                                 

                       Appellants’ invention relates to a method for making finely scaled, i.e. nanoscale, metal/metal              

               composites by a polyol process (specification, page 1, lines 10-11).  The metallic composite has a                   

               matrix of a first metal, containing nanoscale particles of at least one additional metal (specification, page        

               5, lines 12-13).  Nanoscale particles have dimensions in the approximate range of 1-100 nm                           

               (specification, page 1, line 15).  Claim 1 is illustrative:                                                          

                       1.   A method for making a metal powder comprising a nanoscale composite of at least                         
                       two immiscible metals, comprising the steps:                                                                 

                               dissolving or suspending at least two metal compounds in a polyol, thereby                           
                       forming a solution or suspension, wherein said metal compounds are each soluble or                           
                       suspendable in polyol solution and wherein said metal compounds each reduce to                               
                       elemental metal and by products that are soluble in said solution or suspension;                             

                               adjusting the temperature of said solution or suspension to a reduction                              
                       temperature, thereby initiating the reduction of said metal compounds and the                                
                       precipitation of metal particles from said solution or suspension.                                           

                       Claims 1-26 stand rejected under 35 U.S.C. § 102(b) as being anticipated by U.S. Patent                      

               4,539,041 issued to Figlarz et al. on September 3, 1985 (Figlarz).  The Examiner presents her                        

               reasoning on pages 2-3 of the Final Rejection (Paper no. 5).  We reverse.                                            



                                                            OPINION                                                                 











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