Appeal 2007-0136
Application 90/006,222
granules out of the combined weight of the granules and the matrix metal
(i.e., not necessarily including any coatings, etc.). Moreover, the granules
themselves need only include carbide pellets, leaving room for binders,
fluxes, etc., to contribute to the granule weight. When considered in light of
a proper construction of claim 1, the total carbide content may be less than
60% by weight and still satisfy the requirements of claim 1.
Newman does not provide a specific example with a mixture of cast
and sintered carbides, but does teach a sintered/macrocrystalline mixed
carbide embodiment and a cast carbide embodiment. Newman does not
indicate that these particular embodiments are preferred (although
preferences are expressed within the embodiments).27
BHI also argues that Newman does not teach generally spherical
carbide pellets.28 While Newman does teach spherical cast carbide
particles,29 it does not teach spherical sintered carbide particles. Indeed, the
sintered particles are, if anything, crushed,30 which Findeisen advises against
using. BHI notes that Newman only teaches spherical cast carbide particles
in the context of coatings.31
In its reply, BHI observes that Newman uses "pelletized" to describe
cemented carbides rather than cast spherical carbides. From this
observation, BHI argues that in Newman "pellets" and " spherical" are
mutually exclusive. The problem for BHI is that it defined "pellet" to mean
27 Newman 5:6-42.
28 Br. 5-6.
29 Newman 6:33-42.
30 Newman 6:31.
31 Br. 6-7.
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