Appeal No. 2002-1352
Application 09/051,975
person of ordinary skill in the two-piece alloy wheel art at the
time of appellant's invention to do so in an effort to achieve
high integrity welds in such wheels having the advantageous
characteristics set forth in Midling. In that regard, we note
that Stach ‘415 broadly discloses use of “a welding process”
(emphasis added) and notes that such welding process may be
freely selected based on demands on the wheel, while Midling
expressly teaches a welding process for joining metal members
and, like Stach ‘415, specifically mentions joining members
formed of aluminum alloys (col. 3, line 23).
Essentially, we view the welding processes specifically
mentioned in Stach ‘415 (col. 3, lines 11-12) and the friction
stir welding process as disclosed in Midling as being known
alternatives in the art at the time of appellants’ invention. In
that regard, we note that where two known alternatives are
interchangeable for their desired function, an express suggestion
of the desirability of the substitution of one for the other is
not needed to render such substitution obvious. See In re Fout,
675 F.2d 297, 301, 213 USPQ 532, 536 (CCPA 1982); In re
Siebentritt, 372 F.2d 566, 567, 152 USPQ 618, 619 (CCPA 1967).
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