Appeal No. 98-0594
Application 08/615,461
bottom casing. The examiner confuses “die casting” which
forms parts by holding molten material therein and the parts
which have been formed by the molten material held by the die
casting. Note that on page 11 of the specification, it is
described that:
During the fabrication process, the preformed magnet
plates are positioned within the die castings used
to form the base and cover. Once the magnet plates
are properly positioned, the molten aluminum is
injected into the die castings, and forms around the
magnet plates.
Neither the cover nor the base of Tsujino can reasonably be
regarded as "die casting" as that phrase is used in the
claims. Both are elements made from molten material injected
within the die casting.
The examiner’s finding on page 4 of the answer states
that “the practice of permanently attaching two elements by
providing and hardening molten material around the elements to
be joined is a notoriously old and well known manufacturing
process” is also misplaced. In that regard, the examiner
cites Jordan and states (answer at page 4):
Jordan shows a first metal element (shown is a
cylinder tube 5 having counterpiece 6) located
within a second metal housing (shown is a cylinder
head 1 made of aluminum cast alloy and having a
groove 2), and teaches providing molten material
5
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