Appeal 2006-3308
Application 10/726,181
The Examiner relies on the following prior art references to show
unpatentability:
Brusethang, "The Effect of Process Parameters on the Fir-Tree Structure in
DC-Cast Rolling Ingots," 472-476 (1997).
Sawada US 5,711,827 Jan. 27, 1998
The Examiner has rejected claims 19-26 under 35 U.S.C § 103(a) as
unpatentable over Brusethaug in view of Sawada.
ISSUES
The Examiner contends that it would have been obvious to one of
ordinary skill in the art at the time of the invention to have used the grain-
refiner-free ingot of Brusethaug in the process of Sawada. Appellants
contend that Brusethaug teaches away from using its grain refiner-free ingot
to produce a lithographic sheet. Appellants further contend that Sawada
teaches away from using an alloy having an Fe content above 0.20 weight %
in its process for forming a lithographic sheet. The issue before us is
whether the Examiner has properly identified a motivation, teaching or
suggestion in the prior art to combine the teachings of Brusethaug and
Sawada.
FINDINGS OF FACT
1) Brusethaug reports “work on the appearance of the fir-tree
structure and its dependence upon casting conditions and alloy
composition.” (p. 472, col. 1, third para.).
3
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