Appeal No. 2006-0902 4
Application No. 10/125,942
appellants’ instant specification and, also, is alluding to
the 200 runs described in paragraph 5 of the Jacobsen
Declaration. Those 200 runs are said to have been runs of
titanium tetrachloride and liquid sodium to make titanium
or titanium alloy powder.
As noted by the examiner, the Jacobsen Declaration
presents no evidence respecting any halide other than
titanium tetrachloride; no evidence respecting any alkali
or alkaline earth metal other than sodium; and no data
showing actual packing fractions obtained in any of the
over 200 runs.
Neither in their Brief, nor in their Reply Brief, do
appellants directly address the examiner’s findings that
the evidence presented in the Jacobsen Declaration relates
only to chlorides and liquid sodium as reactants; whereas
the instantly claimed titanium powder is the product of
more broadly disclosed and claimed starting materials.
Based on these findings, it logically follows that the
evidence adduced by the appellants fails to establish that
titanium powder made from a titanium halide other than the
chloride, and an alkali metal or alkaline earth metal other
than sodium, would necessarily have a packing fraction in
the claimed range of 4-11%.
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007