Ex Parte Higashi et al - Page 3

                Appeal 2007-1529                                                                              
                Application 10/385,722                                                                        


                             casting a magnesium alloy containing 2-10 mass percent                           
                aluminum to obtain a cast semifinished product having crystal grain size not                  
                greater than 10 µm,                                                                           
                             subjecting the cast semifinished product to solution treatment at                
                a temperature between the solid solution temperature and the solidus curve                    
                of the composition of the alloy, and                                                          
                             after solution treatment, forging the semifinished product to                    
                have a desired shape;                                                                         
                             wherein the alloy consists essentially of Mg, A1, Zn and Mn.                     
                      The Examiner relies on the following prior art references as evidence                   
                in rejecting the appealed claims:                                                             
                Sakamoto (EP‘901) EP 0,799,901 A1 Jun. 10, 1997                                               
                Sakamoto (EP‘710) EP 0,990,710 A1 May  4, 2000                                                
                F. Bardi et al. (hereafter “Bardi”), “Grain size evolution of a thixotropic                   
                AZ91,” Proceedings - Int’l Conference on Semi-Solid Processing of Alloys                      
                and Composites 337-343 (Bhasin, A. Kumar eds., 5th ed., Golden , CO June                      
                23-25, 1998).                                                                                 
                Kojima et al. (hereafter “Kojima), “5.5 Superplasticity,” Magnesium                           
                Technology Handbook 119-125 ( Kallos Publishing Co., Ltd. May 17,                             
                2000).                                                                                        
                      Claims 1-14, 23, 25-34, and 36 stand rejected under 35 U.S.C.                           
                § 103(a) as being unpatentable over EP 0990710 (EP ‘710) in view of                           
                EP 0799901 (EP ‘901) and Kojima.  Claims 24 and 35 stand rejected under                       
                35 U.S.C. § 103(a) as being unpatentable over EP ‘710 in view of EP ‘901,                     
                Kojima, and Bardi.                                                                            
                      We affirm the stated rejections for substantially the reasons set forth                 
                by the Examiner in the Answer and as further explained below.                                 

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