Ex Parte GUPTA et al - Page 3




          Appeal No. 2001-0773                                                        
          Application No. 09/200,421                                                  


               We have discovered that an alumina ceramic                             
               material which is highly resistant to fluorine plasmas                 
               can be produced by lengthening the time of firing an                   
               alumina green body from the conventional time of about                 
               4 hours to about 8 to 12 hours, without the need for                   
               altering the composition of the green body or any other                
               sintering process parameters, such as the sintering                    
               temperature, which may affect the sintering mechanism                  
               [paragraph bridging pages 4 and 5].                                    
               Appealed claims 15, 17, 20, 30 and 31 stand rejected under             
          35 U.S.C. § 102 or, in the alternative, under 35 U.S.C. § 103 as            
          being unpatentable over Rhodes, Heytmeijer, Takahashi, Rzywucki             
          or JP '946.  Also, claims 27, 30 and 31 stand rejected under                
          35 U.S.C. § 102 or, in the alternative, under 35 U.S.C. § 103 as            
          being unpatentable over Rzywucki or Bennison.                               
               We have thoroughly reviewed the respective positions                   
          advanced by appellants and the examiner.  In so doing, we find              
          that the examiner has not established a prima facie case of                 
          anticipation/obviousness for the claimed subject matter.                    
          Accordingly, we will not sustain the examiner's rejections.                 
               Each of the references applied by the examiner discloses an            
          alumina ceramic body formed by sintering a green body comprising            
          alumina and a binder.  However, as urged by appellants and                  
          acknowledged by the examiner, none of the references teaches that           
          less than 0.1% of the surface area of the ceramic body comprises            
          unsintered particles, as presently claimed.  Indeed, the                    


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