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. 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007