Appeal No. 2002-1401
Application No. 09/187/226
exemplified in the specification are Al2O3 and AlN (page 13,
lines 2-3 and 7; page 14, lines 21-22; page 15, lines 12-13).
Thus, it is clear from the specification that what the appellants
mean by “ceramic material comprising aluminum” is a ceramic
material containing aluminum as a component of the ceramic
material. Accordingly, we reverse the rejection under 35 U.S.C.
§ 112, second paragraph.2
Rejections under 35 U.S.C. § 103
Claims 9 and 12
Premkumar discloses a method for making a metal matrix
composite which can be an aluminum nitride/aluminum base material
(col. 2, lines 36-53; col. 3, line 62). The method includes
preparing a preform having pores by sintering a powder which can
be aluminum nitride powder, enclosing the preform in a container
provided in a molten metal pressure apparatus, pouring molten
aluminum base material into the container, and applying pressure
to the molten aluminum base material in the container to
infiltrate the aluminum base material into the pores of the
preform, thereby obtaining a base material (col. 2, lines 36-53;
2 The examiner also argues that there is no support in the
specification for “ceramic material comprising aluminum”. This
issue should have been raised under the 35 U.S.C. § 112, first
paragraph, written description requirement rather than 35 U.S.C.
§ 112, second paragraph. Regardless, the examiner has not
established that the above-discussed disclosures of Al2O3 and AlN
fail to provide adequate written descriptive support for “ceramic
material comprising aluminum”.
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