Appeal No. 2003-1525
Application 09/462,876
The examiner has pointed out that the cBN grain sizes and
the direct conversion temperatures, pressures and times of Suzuki
and JP ‘068 are within the appellants’ ranges (specification,
page 11 and examples). The appellants, however, have provided
evidence (Rule 132 declaration of Hitoshi Sumiya, filed
September 23, 2002) that carrying out the direct conversion such
that these factors are the same as those of the appellants does
not necessarily result in a sintered cBN compact being produced
which has properties within all of the ranges recited in the
appellants’ claim 1.
Moreover, the appellants teach that to obtain their cBN
sintered compact “[i]t is required that the low crystallinity BN
or fine grain, normal pressure type BN used herein is prepared by
reducing boron oxide or boric acid with carbon, followed by
nitriding” (specification, page 10). Suzuki and JP ‘068 do not
disclose making the starting BN in this manner but, rather,
disclose starting with, respectively, pyrolytic boron
nitride (pBN) and hBN (Suzuki, col. 4, lines 23-25; JP ‘068,
items 0010 and 0011). The examiner has not provided evidence or
reasoning which shows that, even though Suzuki and JP ‘068 do not
use the starting BN which the appellants state is required to
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