Ex Parte RUDOLPH - Page 4




          Appeal No. 2003-1362                                                        
          Application No. 09/178,399                                                  


          no need for combining.  Additionally, although Golecki may not              
          specify using a weighing device as a preferred embodiment,                  
          Golecki does teach an embodiment including an in-situ weighing              
          device 13, as shown in Figure 1.  Accordingly, the skilled                  
          artisan would have used the teachings of the secondary references           
          as better methods of weighing for that embodiment of Golecki.               
               Appellant further argues (Brief, pages 10-11) that "[t]he              
          secondary references do not deal with a method of weight gain of            
          a substrate in a CVI process or the weighing of an entire                   
          furnace" and, therefore, "are consequently not in the field of              
          the applicant's endeavors."  Appellant asserts (Brief, page 11              
          and Reply Brief, page 3) that the secondary references do not               
          deal with the problem appellant was concerned with, namely                  
          determining the weight change in the parts during processing of             
          the parts in a CVI/CVD furnace.                                             
               We agree with appellant that the secondary references may              
          not be in appellant's field of endeavor.  However, we disagree              
          with appellant's characterization of the problem solved, and thus           
          with the conclusion that the references do not deal with the same           
          problem as that which concerned appellant.  Appellant did not               
          solve the problem of continuously weighing the parts during                 
          processing in a CVI/CVD furnace, as Golecki teaches such                    

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