Ex parte MIYAKE - Page 2




              Appeal No. 1996-1573                                                                                            
              Application No. 08/186,160                                                                                      


                      1.     A superplastic aluminum alloy comprising from 4 to 15% by weight of                              
                      Mg, from 0.1 to 1.0% by weight of one or more elements selected from the                                
                      group consisting of misch metal, Zr, V, W, Ti, Nb, Ca, Co, Mo and Ta, and                               
                      the balance being Al and unavoidable impurities, wherein the alloy (i)                                  
                      contains 0.1 to 4.0% by volume of dispersed spheroidal precipitates of                                  
                      intermetallic compounds having a particle size of 10 to 200nm, and (ii) has a                           
                      grain structure wherein the mean grain size is from 0.1 to 10 µm, and from                              
                      10 to 50% of the grain boundaries have a misorientation of less than 15°.                               
                      The examiner relies upon the following references as evidence of obviousness:                           
                      Watts et al.  (Watts)        3,876,474              Apr. 08, 1975                                       
                                                     2                                                                        
                      Watanabe et al. (Watanabe)           4,654,543             Feb. 24, 1987                                
                      Sawtell et al.  (Sawtell)            4,689,090             Aug. 25, 1987                                
                                                      3                                                                       
                      Watanabe et al.  (British '694) 3GB 2 135 694              Sep. 05, 1984                                
                      Hales, S.J. et al.  (Hales), "Grain Refinement and Superplasticity in a Lithium                         
                      Containing Al-Mg Alloy by Thermomechanical Processing", Journal de                                      
                      Physique, vol. 48, no. 9, pp. C3 285-C3 291.  (Sep.1987)                                                
                      Appellants' claimed invention is directed to a superplastic aluminum alloy                              
              comprising from 4 to 15% by weight of Mg, from 0.1 to 1.0% by weight of one of the recited                      
              elements, and aluminum.  The alloy has the specified grain structure and grain boundaries,                      
              and also contains dispersed spheroidal precipitates of intermetallic compounds having the                       
              recited particle size.                                                                                          




                      2 U.S. equivalent of and used interchangeably with GB 2 135 694 by the examiner in the                  
              examiner's answer.                                                                                              
                      3 British equivalent of and used interchangeably with U.S. 4,654,543 by examiner in the                 
              examiner's answer.                                                                                              
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