Ex Parte KADOMURA et al - Page 5



          Appeal No. 2002-1401                                                        
          Application No. 09/187/226                                                  
          col. 5, lines 9-13 and 15-19; col. 6, line 65 - col. 7, line 3;             
          figures 1 and 1a).  The appellants acknowledge that it was known            
          in the art to cover the surface of such base materials with a               
          ceramic material such as Al2O3 or AlN to improve the resistance             
          to oxidation and corrosion (specification, page 1, lines 28-33).            
               The appellant states that “[c]laim 9 recites a range of                
          average particle sizes for the aluminum nitride powder that makes           
          up the preform” (brief, pages 12-13).  Actually, the appellants’            
          claim 9 recites that “a particle size of said aluminum nitride              
          powder is in a range from 10 to 100 :m”.  That is, the claim                
          requires that at least one of the aluminum nitride particles is             
          in the 10-100 :m range.                                                     
               Premkumar does not disclose the powder particle size.                  
          However, Premkumar discloses using the powder to make electronic            
          packages having very tight tolerance in dimension (as low as                
          0.001 inch) and surface flatness (0.001 inch) (col. 8, lines 46-            
          56), and teaches that using a distribution of particle sizes                
          results in interstitial filling needed for substantially porosity           
          free metal matrix composites (col. 5, lines 54-63).  These                  
          disclosures would have fairly suggested, to one of ordinary skill           
          in the art, use of a range of small particles, such as a range              
          having at least one 10-100 :m particle, to obtain electronic                
          package-size pore free metal matrix composites having the desired           
          low dimension and surface flatness tolerances.                              
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