Appeal No. 1998-2948 Application 08/400,861 anodically oxidized (Br5). It is also argued that the Examiner was incorrect in stating that anodically oxidizing an aluminum film containing a rare earth element does not influence the properties of the film, and that the Examiner was incorrect in stating that Appellants had not shown that anodic oxidation would materially affect the properties of the alloy (RBr2). Since anodic oxidation works on a number of different aluminum alloys in Kiyota, there is no apparent reason why one of ordinary skill in the art would be deterred from anodically oxidizing the aluminum/rare earth element alloys of the secondary references when used in the environment of Kiyota. Obviousness does not require absolute predictability of success. Appellants argue that the anodic oxidation layer formed on aluminum/rare earth element alloys have a greater dielectric breakdown voltage than layers formed on aluminum/tantalum alloys in Kiyota and one of ordinary skill in the art would have no reason to expect the beneficial results resulting from anodic oxidation of an aluminum/rare earth element alloy (Br6-7). It is argued that the present - 15 -Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 3, 2007