Ex Parte Weaver - Page 3



             Appeal 2007-0612                                                                                  
             Application 09/838,866                                                                            
             ll. 56-61; col. 4, ll. 7-14).  Eom teaches that “the horseshoe must be excellent in               
             abrasion resistance and shock absorption and ductile enough to change its shape a                 
             little so as to suit the diverse sizes and forms of the hooves at the Lime [sic, time]            
             of fitting on the hoof” (col. 1, ll. 27-31).  Eom discloses that the alloy is abundant            
             in ductility and, therefore, easily fitted on the hoof (col. 3, ll. 8-10).                        
                   Weaver discloses a metal matrix composite formed from a molten metal                        
             selected from the group consisting of aluminum, magnesium, titanium and                           
             mixtures thereof, and particles of a silicon boride composition selected from the                 
             group consisting of silicon tetraboride and silicon hexaboride, the silicon boride                
             composition being present in a range of about 0.1 to about 80 wt% in the metal                    
             (col. 3, ll. 14-20).  Weaver teaches (col. 1, ll. 19-25):                                         
                                The light weight metals of aluminum and                                        
                          magnesium have very large markets for they are utilized                              
                          in a wide variety of industries.  In a lesser way, titanium                          
                          is also utilized as a light weight fabrication metal.  These                         
                          metals suffer from some drawbacks, however, which                                    
                          limit their usefulness.  These include low stiffness (low                            
                          modulus of elasticity), high thermal coefficient of                                  
                          expansion, and low strength.                                                         

             Weaver discloses that his silicon boride composition is a strengthening agent                     
             (col. 1, ll. 53-55; col. 2, ll. 3-10) and that his metal matrix composite has “desired            
             modulus of elasticity, coefficient of expansion and strength” (col. 2, ll. 14-15).                
             The Appellant acknowledges that Weaver’s metal matrix composite is the metal                      
             matrix composite from which the Appellant’s horseshoe is made (Spec. 2:13-15).                    


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