Appeal No. 1999-0778
Application No. 08/710,685
18. A refined magnesium or magnesium alloy
ingot or billet provided with no substantial
porosity, which contains 0.1 to 10 weight % of at
least one alkaline earth metal selected from the
group consisting of calcium, barium and strontium
and less than 10 weight % of at least one corrosion
resistant metal selected from the group consisting
of zinc, cadmium, lead, tin, silicon, manganese and
zirconium.
THE REFERENCE
Akiyama et al. (WO ‘238) WO 93/15238 Aug. 5,2
1993
(PCT application)
THE REJECTION
Claims 18-24 stand rejected under 35 U.S.C. § 103 as
being unpatentable over WO ‘238.
OPINION
We affirm the aforementioned rejection. Because our
rationale differs substantially from that of the examiner, we
denominate the affirmance as involving a new ground of
rejection under 37 CFR § 1.196(b).
The appellants state that they do not concede that a
prima facie case of obviousness has been established, but that
2Our consideration of this reference is based upon an
English translation thereof, a copy of which is provided to
the appellants with this decision.
3
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