Ex Parte CHU et al - Page 7




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


               The appellants argue that Nagle adds his Sc, Hf, Nb, Mo or V           
          metal component of the carbide particles as a powder, whereas the           
          appellants provide this metal component as part of the molten               
          composition (brief, page 7).  This argument is not persuasive               
          because Nagle teaches that the metal component can be dissolved             
          in the solvent/matrix prior to addition of the carbon component             
          of the carbide particles (col. 6, lines 37-68).                             
               The appellants argue that Nagle does not disclose a uniform            
          cluster-free distribution of no more than two particles attached            
          to one another at a magnification of 500X, and does not disclose            
          various percentages of carbide particles (brief, pages 7 and 9-             
          10).  This argument is not convincing because the argued                    
          limitations are not in the appellants’ claims.                              
               For the above reasons we conclude that the ceramic                     
          dispersoid claimed in the appellants’ claim 19 would have been              
          obvious to one of ordinary skill in the art over Nagle.                     
                               New ground of rejection                                
               Under the provisions of 37 CFR § 1.196(b) we enter the                 
          following new ground of rejection.                                          
               Claims 18, 20-23 and 25 are rejected under 35 U.S.C. § 103             
          as being unpatentable over Nagle.                                           


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