Appeal No. 97-0176 Application No. 08/313,604 c. Claims 3, 6, 8 and 10 We will not sustain the rejection of claims 3, 6, 8 and 10 under 35 U.S.C. § 103 as being unpatentable over Van Dievoet in view of Clapham and Nilson. Claims 3, 6, 8 and 10 each call for hot-rolling an ingot of ZIRCALOY® material into a flat plate. Appellants' specification (page 10) discloses that by hot-rolling the ZIRCALOY® ingot, centerline defects inherent in prior art processes are reduced or eliminated. We agree with the appellants' argument (main brief, pages 15) that while hot- rolling per se is old and well known, there is no suggestion in the references of forming a ZIRCALOY® ingot into a flat plate by hot-rolling. Nilson is cited by the examiner for teaching the use of a rolling operation in the shaping of ZIRCALOY® to orient the constituent metal crystals in particular directions. Nilson, however, teaches cold-rolling which is usually performed at room temperature, not hot-rolling which takes place above the4 4Myron L. Begeman & B. H. Amstead, Manufacturing Processes 192 (5th ed., John Wiley & Sons, Inc. 1963) -12-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007