Appeal No. 2005-1579 Page 9
Application No. 09/963,625
Komatsubara is directed to obtaining a grey or black
anodized surface and teaches that such is assured by restricting
the size of Mn based precipitates and the amount of Si in
precipitates. See, e.g., column 2, lines 37-42 of Komatsubara.
As further explained at columns 3 and 4 of Komatsubara, manganese
is essential to obtaining gray or black anodized films with the
magnesium content serving to precipitate the Mn. For example,
alloy No. 7 of Komatsubara had a magnesium content of 4.3 weight
percent, a value within the here claimed range, but no manganese,
which resulted in no color after anodizing as reported in Table
7. Thus, appellants’ contention to the effect that the black or
grey coloring sought by Komatsubara would be considered
inevitable when employing high magnesium content alloys as
claimed is not supported by the evidence relied upon by
appellants.
Consequently, we determine that the examiner has presented a
prima facie case of obviousness with respect to the subject
matter of representative claim 1 which has not been persuasively
rebutted by appellants on this record. It follows that we shall
sustain the examiner’s rejection of claims 1 and 5.
The examiner additionally relies on Askin and
Komatsubara in rejecting the remaining appealed claims. All of
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