Appeal No. 97-0176
Application No. 08/313,604
end plug shown in Figure 4 in Van Dievoet using ZIRCALOY®
based on the advantageous properties of ZIRCALOY® discussed in
Clapham and would have had a reasonable expectation of success
in doing so based on Clapham's specific disclosure that
ZIRCALOY® was particularly suitable for making nuclear fuel
rod end plugs. This conclusion is buttressed by appellants'
admissions in their specification (page 1) and in the main
brief (page 14) that ZIRCALOY® was a material known in the art
prior to appellants' invention to be useful in fabricating
nuclear fuel rod end plugs.
Appellants argue (main brief, pages 6-10) that Van
Dievoet "teaches away" from the claimed invention and,
therefore, cannot serve to create a prima facie case of
obviousness, because Van Dievoet teaches the use of a porous
end plug while appellants' claimed invention relates to a
method for manufacturing end plugs for nuclear fuel rods,
including the step of "minimizing, eliminating or rendering
ineffective defects forming fluid leakage paths through the
end plugs."
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