Appeal No. 2000-0503 Page 8
Application No. 08/902,031
aluminum alloys may fall outside the scope of the claim, this does not, in and of itself, teach
that these alloys will not work with appellants' intermodal container. In fact, it is clear from
appellants' specification that other types of aluminum are considered suitable materials for the
container module. In particular, the specification, on pages 5 and 6, states:
[w]hile other materials could be used, the container module 1 of the invention is
particularly suitable for construction essentially from aluminum. To date,
container modules for dry flowable product have typically been made of steel or
stainless steel. Aluminum provides an advantage in weight and corrosion
resistance over steel, and in weight and cost over stainless steel. Aluminum as
used herein includes aluminum alloys.
While appellants' specification and claims point to particular aluminum alloys which are suitable
materials for the container module, there is no indication that these are the only aluminum
materials which will work for the invention.
Appellants do not allege that the 5000 and 6000 series aluminum alloys and their
properties, such as corrosion resistance, strength and density and suitability for welding, were
not well known at the time of the appellants' invention. As we see it, one of ordinary skill in4
4Although not relied upon in this decision, we note of interest with regard to this issue "Aluminum and
Aluminum Alloys" 2 Kirk-Othmer Encyclopedia of Chemical Technology, 129-137, 172-177 and 181-185 (3d ed. New
York, John Wiley & Sons, Inc., 1978) and "Welding" 24 Kirk-Othmer Encyclopedia of Chemical Technology, 514-
515 (3d ed. New York, John Wiley & Sons, Inc., 1984), copies of which are appended to this decision. In particular,
Kirk-Othmer indicates that aluminum alloys have high strength-to-weight ratios as compared with high purity
aluminum and are used in transportation and structural applications where weight saving is important (Vol. 2, page
129), aluminum and aluminum alloys are corrosion-resistant (Vol. 2, page 181), aluminum alloys 6061, 6063 and the
Al-Mg alloys, which include 5000 series alloys, are used for piping and tanks in the chemical and petrochemical
industries because of their resistance to corrosion and mechanical properties, lightweight and thermal conductivity
(Vol. 2, page 185) and aluminum and weldable aluminum alloys are used in applications where lightness or
atmospheric corrosion resistance are required, such as railroad tank cars, pressure vessels and tanks for storing
chemicals and dairy products (Vol. 24, page 514).
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007