Appeal No. 2006-0009 2
Reexamination Control No. 90/005,589
0.2% to 0.6% tin, and
0.02% to 0.4% iron, plus inevitable impurities, and having a carbon content
controlled to lie in the range 30 ppm to 180 ppm, a silicon content in the range 10 ppm to 120
ppm, and an oxygen content in the range 600 ppm to 1800 ppm.
References relied on by the examiner
Sabol et al. (Sabol) 4,649,023 March 10, 1987
Anada et al. (Anada) JP 63-145735 June 17, 1988
(Published Japanese Kokai Patent Application)
Van Swam et al. (Van Swam) EP 0 533 073 A1 March 24, 1993
Rejections on appeal
(1) Claim 1 is rejected under 35 U.S.C. § 102(b) as anticipated by Van Swam.
(2) Claims 1-4 are rejected under 35 U.S.C. § 102(b) as anticipated by or, in the alternative,
under 35 U.S.C. § 103(a) as obvious over Sabol.
(3) Claim 1 is rejected under 35 U.S.C. § 102(b) as anticipated by or, in the alternative,
under 35 U.S.C. § 103(a) as obvious over Anada.
Discussion
A. Rejection based on Van Swam
Claim 1 is rejected under 35 U.S.C. § 102(b) as anticipated by Van Swam. See Answer
at 3. The appellant argues that the rejection should be withdrawn because Van Swam was cited
during the original examination of the patent. The appellant relies on MPEP § 2258 for support.
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