Ex parte ONISHI et al. - Page 11




         Appeal No. 1998-2948                                                      
         Application 08/400,861                                                    

         claims 2 and 5, Yamamoto discloses an aluminum alloy with                 
         0.05-15 at% rare-earth elements, which includes the claimed               
         range of 1 to 5 at%.  As to claims 3 and 6, Kiyota discloses              
         the surface-treated layer, which can be an anodic oxidation               
         film, has a thickness of 0.1 to 1 µm (col. 6, lines 54-55),               
         i.e., 1000 Å to 10000 Å, which satisfies the claimed range of             
         500 Å or more.                                                            
              For the reasons stated above, we conclude that the                   
         collective teaching of the references is sufficient to                    
         establish a prima facie case of obviousness as to claims 1-6              
         absent a showing of error by Appellants.  We address                      
         Appellants' arguments as to the correctness of the prima facie            
         case before reaching the obviousness conclusion.                          

         Appellants' arguments                                                     
              Appellants argue that none of the prior art references,              
         alone or in combination, disclose or suggest anodic-oxidizing             
         an interconnect/electrode film formed of a rare                           
         earth-containing aluminum alloy (Br2; RBr1).                              
              We conclude that the collective teachings of the                     
         references would have suggested the claimed subject matter to             


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