Ex Parte SUMIYA et al - Page 10




          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.                                                                     





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