Appeal No. 1998-2948
Application 08/400,861
Appellants argue that while the secondary references show
alloys of aluminum with rare earth elements, none of the
secondary references disclose the oxidation or anodic
oxidation of such films (Br4). It is further argued that the
patentability of the claims is supported by the fact that none
of the secondary references, which do disclose aluminum alloy
films containing rare earth elements, anodically-oxidize these
materials (Br5-6) and "[t]he art thus clearly and distinctly
separates what can and cannot be added to aluminum alloys and
then anodically-oxidized" (Br6).
It is true that the secondary references do not discuss
anodic oxidation of the alloy, but the rejection is based on
obviousness and Kiyota is relied on for this limitation. The
secondary references to Hochido, Yamamoto, Joshi, and Lee are
directed to investigating the mechanical, metallurgical,
thermal, and electrical properties of an aluminum/rare earth
element alloy composition, not to the use of the composition
in a device. Thus, one would not expect to find a discussion
of subsequent manufacturing steps, such as anodic oxidation.
It is illogical to conclude that because the secondary
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