Appeal No. 95-4407 Page 4
Application No. 08/124,834
[o]ne skilled in the art of metallurgy, particularly lead-
based products, would appreciate the uniform grain size
produced by the extrusion method of the present invention,
especially when compared to the non-uniform grain size
resulting from cast lead grids such as those shown in Figs.
7-12 of the Prengaman Declaration.
It is our determination that the limitation that the grain
size is uniform throughout the metal is not an inherent property
of the originally disclosed structure for extruding the
composite wire. The declaration of R. David Prengaman (¶ 15-17)
states that disclosed structure for extruding the composite wire
produces "a uniform crystalline grain structure." The
declaration of R. David Prengaman (¶ 18) refers to micrographs
(Figures 1-6 of Exhibit 4) that show the grain structure of an
extruded lead coating made according to the method disclosed in
this application. However, those micrographs do not show a
grain size that is uniform (i.e., always the same, unvarying,
without variation) throughout the metal. The micrographs
(Figures 1-6 of Exhibit 4 of the Prengaman declaration) show a
more uniform grain structure than the micrographs (Figures 7-12
of Exhibit 4 of the Prengaman declaration). However, claims 52
and 62 recite that the grain size is uniform throughout the
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