Ex Parte GARG et al - Page 8



          Appeal No. 2000-0119                                                        
          Application 08/785,711                                                      


          process yield extremely finely divided ceramic particles that are           
          “essentially colloidal in dimension, or essentially micron to               
          colloidal in size” (col. 2, lines 44-49).  In our view, the                 
          teachings of the references relied upon by the examiner, when               
          considered as a whole, would have led one of ordinary skill in              
          the art away from attempting any such modification of the process           
          in Rosinski.  Thus, we will not sustain the examiner’s rejection            
          of claims 8, 9, 11, 13 and 14 under 35 U.S.C. § 103(a).                     

                    It follows from the foregoing that the decision of the            
          examiner is REVERSED.                                                       

                    However, pursuant to our authority under 37 CFR                   
          § 1.196(b), we enter the following new ground of rejection                  
          against claims 8, 9 and 13.                                                 

                    Claims 8, 9 and 13 are rejected under 35 U.S.C.                   
          § 103(a) as being unpatentable over the combined teachings of               
          Grube and the Robinson article.  In addition to the mold core               
          removal and municipal waste fragmentation processes of Grube                


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