Appeal No. 2003-0210
Application 03/237,574
Rejection of claims 1-3, 10, 11 and 13-15
under 35 U.S.C. § 103 over Gray or Creutz,
in view of Robinson, Boller or Eubank
The Rule 131 declaration of Lucas has overcome Robinson,
Boller and Eubank as to claims 1-3, 10, 11 and 13-15, by at least
rendering obvious so much of the claimed invention as the
references show. The remaining issue is whether the invention
claimed in these claims would have been obvious to one of
ordinary skill in the art over Gray or Creutz.
The examiner argues that Gray and Creutz “each show a
uranium article coated with bronze, and Al-Si layer and covered
with an aluminum sheath (e.g. see col. 10, lines 17+ of Creutz
and cols. 2-4 of Gray”, but do not disclose the composition of
the appellants’ bronze alloy, ternary bronze alloy or ternary
aluminum silicon alloy (answer, page 8). “Clearly,” the examiner
argues, “the use of any conventionally known bronze alloy (as
well as any conventionally known aluminum silicon alloy) in
either primary reference would have been prima facie obvious as
an obvious choice among conventionally known alternatives”
(answer, page 9).
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