Appeal 2007-0136
Application 90/006,222
"particle". Newman uses "spherical" in its discussion of "[c]ast tungsten
carbide particles".32
Level of skill
We look to the evidence of record—the applicant's disclosure, the
cited references, and any declaration testimony—in resolving the ordinary
level of skill in the art.33 In this appeal no testimony is cited. We focus on
what a person having ordinary skill in the art would know and be able to do.
According to BHI, the hardfacing is a "long-standing practice in the
design and manufacture" of surfaces subjected to abrasive wear.34 Thus,
those of skill in the art had long-standing interest in, and experience with,
the problems associated with hardfacing.
Cast carbide particles were conventional, but sintered carbide particle
had been taught to provide greater fracture toughness.35 The art also
understood that mixed sintered and macrocrystalline carbides provided
advantages over sintered carbides alone (hardness) and cast carbides alone
(less brittleness).36 Newman provides embodiments for macrocrystalline,
mixed macrocrystalline and sintered, and cast carbide particles without any
discussion of there relative advantages, which suggests a confidence that
those in the art would know how to choose the form of carbide or carbide
mixtures best suited to their needs.
32 Newman 6:32-39.
33 Ex parte Jud, 2006 WL 4080053 at *2 (BPAI) (rehearing with expanded
panel).
34 Spec. 1:13-16.
35 Spec. 1:45-56.
36 Spec. 1:56-67.
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