Appeal No. 2002-0018
Application No. 09/231,897
Turning to Buehler, this reference teaches, among other things, that the titanium-nickel alloy
disclosed therein is “capable of heat treatment to any required hardness value from approximately
about 65 Rb to approximately about 62 Rc” (column 1, lines 50-52)1. Thus, the “high hardness”
referred to, for example, in column 3, line 12, of Buehler must be read in the context of the overall
disclosure of that reference to refer to hardness in the range of about 65 Rb (65 Rockwell B) to about
62 Rc (62 Rockwell C), which converts to a hardness of about 42 Rockwell A to about 83 Rockwell
A2.
Matsui teaches that the material used to make the nozzle thereof should have a hardness of
about 94 Rockwell A or higher. Moreover, Matsui rejects as unacceptable nozzles made of
materials in accordance with “conventional” technology that have hardnesses as high as 88 to 93
Rockwell A. Given these facts, the examiner has not adequately explained, and it is not apparent to
us, why one of ordinary skill in the art would consider the titanium-nickel alloy disclosed in
Buehler, which is disclosed as having a hardness in the range of about 65 Rb (42 Rockwell A) to
about 62 Rc (83 Rockwell A), to be a good candidate for use in Matsui. From our perspective, one
of ordinary skill in the art would not consider the alloys disclosed in Buehler to be good candidate
materials for use in Matsui because Buehler’s alloys are even softer than the materials of the
1In considering the teachings of Buehler, we consider Rb to denote Rockwell B hardness
and Rc to denote Rockwell C hardness.
2Our conversion of the Rockwell B and Rockwell C hardnesses set forth in Buehler is
derived from the attached “Equivalent Hardness Conversion Table,” found at:
http://www.gordonengland.co.uk/hardness/hardness_conversion_1m.htm.
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