Ex Parte INOUE et al - Page 2




          Appeal No. 2002-1274                                                        
          Application No. 09/153,309                                                  


                    transforming the molten metal at a temperature over the           
          melting point into a predetermined configuration by applying at             
          least one stress selected from compressive stress and shearing              
          stress; and                                                                 
                    cooling the molten metal at over a critical cooling               
          rate simultaneously with or after the transformation to make the            
          zirconium system amorphous alloy in the predetermined                       
          configuration which has a composition expressed by a general                
          formula:  Zr100-x-y-a-b Tix Aly Cua Nib (marks a, b, x, and y in the        
          formula represent atomic percentage, and they fulfill X<10, Y>5,            
          Y< -(1/2)X + 35/2, 15# a# 25, and 5# b# 15), and which has an               
          amorphous phase of more than 50 volume % of the alloy, a tensile            
          strength higher than 1550 MPa, and a specific strength higher               
          than 2.38 X 106cm.                                                          
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Scruggs et al.                 5,711,363            Jan. 27, 1998           
          (Scruggs)                                                                   
          Dandliker et al.               6,010,580            Jan.  4, 2000           
          (Dandliker)                                                                 
               Appellants' claimed invention is directed to a method of               
          making a zirconium system amorphous alloy of the recited formula.           
          The process entails pressing the appropriate molten metal in a              
          press such that form fitting cooling faces do not form.  To our             
          understanding cooling faces are surfaces within the molten metal            
          that are below the melting point of the metal which result in               
          defects in the cooled alloy.  According to appellants, "the                 
          zirconium system amorphous alloys produced by the method of the             
          present invention can be widely used as excellent structural                
          materials with excellent strength characteristics such [as] a               

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