Appeal No. 1998-1095
Application No. 08/367,565
We agree with appellants’ arguments. The phrase
“consisting of” in the claims limits each of the claims to1
the elements recited therein. Thus, the claims on appeal are
not anticipated by the teachings of Kikkawa because of the
presence of Si in the alloy AlSiCu.
DECISION
The decision of the examiner rejecting claims 1 through
3, 5 through 14, 16 through 20, 39 and 40 under 35 U.S.C. §
102(a) is reversed.
REVERSED
Kenneth W. Hairston )
Administrative Patent Judge )
)
)
)
Lee E. Barrett ) BOARD OF
PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
1In Mannesmann Demag Corp. v. Engineered Metal Products
Co., Inc., 793 F.2d 1279, 1282, 230 USPQ 45, 46 (Fed. Cir.
1986), the Court noted that “the phrase ‘consisting of’
appears in clause (a), not the preamble of the claim, and thus
limits only the element set forth in clause (a).”
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