Appeal No. 2002-0694
Application No. 08/712,369
steel. However, the Slick reference fails to disclose cold
forming or cold hardening, which we understand to be processes
which do render a resulting workpiece with distinguishable
characteristics that are discernible in the formed workpiece.2
Since the Slick reference, in and of itself, does not expressly
teach or inherently require cold forming or hardening in
fabricating the disclosed rolled steel center sill, the evidence
before us does not support an anticipation rejection of
appellants' claims. It is for this reason that the rejection
under 35 U.S.C. § 102(b) founded upon the Slick patent cannot be
sustained.
We do not sustain the rejection of claims 1, 3 through 5, 14
through 17, and 29 under 35 U.S.C. § 102(b) as being anticipated
by Heap.
2 Appellants have attached a copy of an earlier submitted
Chapter 19 ("PLASTIC DEFORMATION OF STEEL") from a text ("The
Making, Shaping and Treating of Steel") which is indicated to be
the authoritative reference work in the steel industry (main
brief, page 6). The Chapter 19 documentation informs us of the
knowledge and level of skill in the art, at the time of
appellants' invention, as to hot and cold working processes
pertaining to steel.
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