Ex Parte Taylor - Page 2




                    Appeal No. 2005-1439                                                                                                                                       
                    Application No. 09/943,987                                                                                                                                 


                              1.         A 22K gold alloy comprising, by weight:                                                                                               
                                         silver:  2-6%                                                                                                                         
                                         cobalt:  0.1 to 2%                                                                                                                    
                                         optionally boron up to 0.5%                                                                                                           
                                         copper:  0.33% - 8.40%.                                                                                                               
                              5.         A master alloy for combining with gold, comprising, by weight:                                                                        
                                         silver:  32-96%                                                                                                                       
                                         cobalt: 1.6-32.00%                                                                                                                    
                                         optionally boron up to 8%                                                                                                             
                                         copper:  5.28-66.40%.                                                                                                                 
                              The sole issue on appeal is whether the examiner properly rejected claims 1-12 under                                                             
                    35 U.S.C. § 102(b) as anticipated by or, in the alternative, under 35 U.S.C. § 103(a) as obvious                                                           
                    over Diamond.1                                                                                                                                             
                                                                         Grouping of claims                                                                                    
                              The appellant groups the claims on appeal as follows (Brief, p. 2):                                                                              
                              I.         Claims 1-6 and 8-12 stand or fall together; and                                                                                       
                              II.        Claim 7 stands or falls alone.                                                                                                        




                              1U.S. Patent No. 5,384,089 granted January 24, 1995, to Diamond.                                                                                 
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