Ex Parte CHU et al - Page 2




          Appeal No. 2002-1600                                                        
          Application 09/350,858                                                      


                                    THE INVENTION                                     
               The appellants’ claimed invention is directed toward a                 
          ceramic dispersoid in metal product.  Claim 18 is illustrative:             
               18. A ceramic dispersoid in metal product, comprising:                 
                    (a) a matrix metal of aluminum and                                
                    (b) a uniform distribution of finely sized metal                  
          carbide particles having an average particle size of less than              
          about 0.3 microns, said finely sized metal carbide particles                
          selected from the group consisting of Sc, Hf, Nb, Mo, and V and             
          said finely sized metal carbide particles formed and dispersed              
          in-situ in said metal matrix.                                               
                                    THE REFERENCE                                     
          Nagle et al. (Nagle)           4,915,908           Apr. 10, 1990            
                                   THE REJECTIONS                                     
               The claims stand rejected as follows: claims 18, 20-23                 
          and 25 under 35 U.S.C. § 102(b) as anticipated by Nagle, and                
          claim 19 under 35 U.S.C. § 102(b) as anticipated by or, in the              
          alternative, under 35 U.S.C. § 103 as obvious over Nagle.                   
                                       OPINION                                        
               We reverse the rejections under 35 U.S.C. § 102(b) and                 
          affirm the rejection under 35 U.S.C. § 103.  Under the provisions           
          of 37 CFR § 1.196(b) we enter a new ground of rejection of                  
          claims 18, 20-23 and 25.                                                    



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