Appeal 2007-0501
Application 10/747,956
(id.). Appellants contend the claimed “alkali metal fluorozincate salts
having a desired particle size can be prepared by drying the product of an
aqueous reaction without the need for additional processing (i.e., without
pulverizing)” (id. 9-10; original emphasis deleted). Appellants argue “[t]he
particle size and . . . distribution of alkali metal fluorozincates can be
controlled during the synthesis of the particles by selecting the reagents used
to form the particles and controlling the order in which the reagents are
combined” and there is no basis to modify the processes of Seseke-Koyro or
Lauzon in this respect (id. 10).
Appellants contend independent claim 8 specifies a particular order of
combining particular reagents results in the claimed fine particle size
distribution in this claim and in dependent claim 10 which is not specified in
the applied references (Br. 10-11). Appellants submit the same contentions
with respect to the particular reagents and the order of combining the same
to obtain certain particle size distributions specified in each of independent
claims 11 and 12 and the teachings of the references (id. 12).
The Examiner responds the references can be combined because they
all relate “to the use of a fluxing agent (or a flux) to bond or braze aluminum
substrates” (Answer 6). The Examiner contends Seseke-Koyro and Lauzon
disclose potassium fluorozincate as a commercially available fluxing agent
for brazing aluminum substrates by wet applications, such as spraying, or
dry applications, but not the particle size (id. 6-7). The Examiner contends
Popoola discloses applying the material as a slurry or suspension of smaller
particle sizes and Shimajiri prefers a dry method of larger particle sizes, and
thus, it would have been obvious to select the particle size for the method
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