Ex parte CALCATERRA et al. - Page 12




                 Appeal No. 97-0176                                                                                                                     
                 Application No. 08/313,604                                                                                                             


                 c. Claims 3, 6, 8 and 10                                                                                                               
                          We will not sustain the rejection of claims 3, 6, 8 and                                                                       
                 10 under 35 U.S.C. § 103 as being unpatentable over Van                                                                                
                 Dievoet in view of Clapham and Nilson.                                                                                                 
                          Claims 3, 6, 8 and 10 each call for hot-rolling an ingot                                                                      
                 of ZIRCALOY® material into a flat plate.  Appellants'                                                                                  
                 specification (page 10) discloses that by hot-rolling the                                                                              
                 ZIRCALOY® ingot, centerline defects inherent in prior art                                                                              
                 processes are reduced or eliminated.  We agree with the                                                                                
                 appellants' argument (main brief, pages 15) that while hot-                                                                            
                 rolling per se is old and well known, there is no suggestion                                                                           
                 in the references of forming a ZIRCALOY® ingot into a flat                                                                             
                 plate by hot-rolling.                                                                                                                  
                          Nilson is cited by the examiner for teaching the use of a                                                                     
                 rolling operation in the shaping of ZIRCALOY® to orient the                                                                            
                 constituent metal crystals in particular directions.  Nilson,                                                                          
                 however, teaches cold-rolling which is usually performed at                                                                            
                 room temperature,  not hot-rolling which takes place above the4                                                                                                       




                          4Myron L. Begeman & B. H. Amstead, Manufacturing                                                                              
                 Processes 192 (5th ed., John Wiley & Sons, Inc. 1963)                                                                                  
                                                                        -12-                                                                            




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