Appeal No. 2003-1525 Application 09/462,876 The appellants argue that “it is inconceivable that one having ordinary skill in the art would have stopped the methodology of Kawasaki et al., surgically extract the hBN particles disclosed by Kawasaki et al. as suitable to [sic] for sintering, and then employ them in methodology disclosed by Suzuki et al.” (reply brief, page 6). Suzuki teaches that the hBN particles can be used not only for sintering, but also for making a resin and/or rubber composite (col. 9, lines 21-28; col. 10, lines 62-62). Thus, use of Kawasaki’s hBN particles as Suzuki’s starting material does not require stopping Kawasaki’s sintering process and performing the surgical extraction argued by the appellants. As for dependent claim 10, Suzuki discloses a direct conversion and sintering temperature of 1900-2100ēC and pressure of at least 6.5 GPa (col. 4, lines 64-67), both of which are within the ranges recited in claim 10. Accordingly, we affirm the rejection of claims 9 and 10 under 35 U.S.C. § 103 over the combined teachings of Kawasaki and Suzuki. 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007