Appeal No. 97-0176
Application No. 08/313,604
4 as including what appears to be a "cavity" extending
partially through and along the longitudinal axis of the plug.
The "cavity," however, is not mentioned or discussed in Van
Dievoet's specification.
Clapham teaches that Zirconium base alloys, e. g.,
ZIRCALOY®, are excellent base materials for fabricating
nuclear fuel "cans" (appellants' cladding tubes) and
"closures" (appellants' end plugs). Clapham specifically
teaches that Zirconium based alloys have a low neutron
absorption cross section and a good high temperature
performance (lines 37-47 and 67-70).
In applying the test for obviousness, we reach the 3
conclusion that it would have been obvious to one having
ordinary skill in the art, from a combined assessment of the
Van Dievoet and Clapham teachings, to substitute ZIRCALOY® for
the "sheet-iron" in the manufacture of the Van Dievoet end
plug as suggested by Clapham. In our view, one of ordinary
skill in the art would have been motivated to manufacture the
3The test for obviousness is what the combined teachings
of the references would have suggested to one of ordinary
skill in the art. See In re Young, 927 F.2d 588, 591, 18
USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d
413, 425, 208 USPQ 871, 881 (CCPA 1981).
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