Appeal No. 2004-0140
Application No. 10/154,729
a minimal difference between the OD of the Aluminum alloy or steel and the ID of
the sputtering material. Thus, the provisional application clearly conveys to one
skilled in the art that in this invention the characteristics of the difference between
the OD of the Aluminum alloy or steel and the ID of the sputtering material are
what make the bonding work. There is no indication that proper bonding would
occur between the two substrates where the metallic materials did not have a
minimal difference between the OD of the Aluminum alloy or steel and the ID of
the sputtering material. Since the provisional application discloses specific criteria
for the machined (i.e. formed) metallic materials, we do not believe that the process
of bonding and forming in no particular order would flow naturally to a person of
ordinary skill in the art.5, 6
The provisional application discloses that the invention provides advantages
over the prior art. However, there is no indication that these advantages would have
been achieved by embodiments not disclosed therein, i.e., a process where bonding
occurs before forming. Consequently, the provisional application does not provide
5 Moreover, Appellants in the provisional indicated that the method used to bond the
two materials together is believed to be new. (See the Provisional Application copied above,
Decision, p. 7).
6 The provisional application provides additional description of alternative
embodiments of the invention. However, these alternative embodiments do not disclose a
process where bonding occurs before forming.
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