Appeal No. 1996-3770 Page 10
Application No. 08/412,834
particular alloy within the herein claimed composition range
and a lower annealing temperature from the broad range of
temperature disclosed by Minoura without also utilizing the
teachings of Minoura regarding other process features disclosed
in the patent, such as the 5-15 minute aging steps, that differ
from those claimed herein and disclosed by Sawyer and Ikushima.
Regarding the Wikle patent, the examiner has relied on
this reference for alleged teachings related to a tension
leveling step claimed by appellants in several dependent claims
and has not furnished any explanation as to how this reference
would have cured the above-noted deficiencies of the primary
references.
We do not share the examiner's views regarding the
inherency of obtaining the claimed formability properties in
practicing the prior art teachings in making the product alloys
of the applied
prior art. The examiner must provide convincing evidence or
scientific reasoning to establish the reasonableness of his or
her belief that a required limitation of a claim such as herein
claimed is an inherent characteristic of the prior art.
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