Appeal No. 2002-1037
Application 08/963,131
column 4, lines 28 through 34). The preferred alloys have
cooling rates in the range of from 1 to 100 K/sec. (see column 4,
lines 23 and 24) and a composition of 10 to 35 percent beryllium
content, 43 to 67 percent early transition metal content (e.g.,
zirconium plus titanium), and 10 to 38 percent late transition
metal content (e.g., copper plus nickel). The appellants’
specification (see page 9) cites Peker as describing a most
preferred type of the bulk-solidifying amorphous alloy family
contemplated by the appellants.
In proposing to combine Anderson and Peker to reject
independent claims 1, 21 and 24, the examiner submits that “[a]
metallic glass such as those disclosed by [Peker] would exhibit
the strong lightweight materials desired by the ordinarily
skilled artisan in fashioning a club head and therefore would
have been obvious to the ordinarily skilled artisan selecting a
suitable metallic material to cast Anderson’s club head” (answer,
page 3). Regarding independent claim 28, the examiner adds that
“because Peker discloses the identical material it will
inherently possess the same physical properties” (answer, page
4). In response to the appellants’ argument of these
conclusions, the examiner further explains that
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