Ex Parte SUMIYA et al - Page 3




          Appeal No. 2003-1525                                                        
          Application 09/462,876                                                      


                                   THE REJECTIONS                                     
               The claims stand rejected as follows: claims 1 and 4-8 under           
          35 U.S.C. § 102(b) as anticipated by or, in the alternative,                
          under 35 U.S.C. § 103 as obvious over Suzuki or JP ‘068, and                
          claims 9 and 10 under 35 U.S.C. § 103 as obvious over Kawasaki in           
          view of Suzuki.                                                             
                                       OPINION                                        
               We reverse the rejections of claims 1 and 4-8 and affirm the           
          rejection of claims 9 and 10.                                               
                           Rejections of claims 1 and 4-8                             
               We need to address only claim 1, which is the sole                     
          independent claim among claims 1 and 4-8.                                   
               The examiner argues that Suzuki discloses a cubic boron                
          nitride (cBN) sintered body (col. 1, lines 9-10) which is formed            
          by a direct conversion method (col. 2, line 44) at a temperature            
          of 1900-2100ēC and a pressure of at least 6.5 GPa (col. 4,                  
          lines 64-67) for preferably at most 120 minutes (col. 5, lines 1-           
          2), has an average primary crystal grain size of preferably at              
          most 1.0 :m (col. 4, lines 4-7), and is useful for cutting cast             
          iron (col. 5, lines 22-24) (answer, page 4).                                




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