Appeal No. 2007-1530
Application 10/095,112
accommodates certain products of manufacture which are not
provided for in classes devoted primarily to manufacturing methods
and apparatus. The bulk of the documents are directed to stock
material composites, that is, materials having two or more distinct
components which are more ordered than a mere random mixture of
ingredients.
See PTO Classification Definitions, Class 428, http://ptoweb:8081/uspc428/
defs428.htm (last visited July 6, 2007). Subclass 539.5, entitled “Metal
Continuous Phase Interengaged With Nonmetal Continuous Phase,” is defined as
follows:
This subclass is indented under the class definition. Products in which
a continuum (matrix or continuous phase) of elemental metal is
interengaged with a continuum of nonmetal material. (1) Note. These
products are most usually obtained by the impregnation of a metal or
nonmetal composition, having an interconnected void structure, with a
nonmetal or metal composition, respectively, in a fluent form.
Id.
PRINCIPLES OF LAW RELEVANT TO ISSUES 1 AND 2
“[T]he examiner bears the initial burden, on review of the prior art or on any
other ground, of presenting a prima facie case of unpatentability.” In re Oetiker,
977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). A rejection under
35 U.S.C. § 103(a) must be based on the factual determinations required by the,
namely, (1) the scope and content of the prior art, (2) the level of ordinary skill in
the art, (3) the differences between the claimed invention and the prior art, and
Ceramic.” PTO Classification Definitions, Class 501,
http://ptoweb:8081/uspc501/defs501.htm (last visited July 6, 2007).
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