Appeal No. 2000-0170
Application No. 08/811,124
examiner (answer at pages 5 and 13) that if the first metal is
composed of pure aluminum or an aluminum alloy with no Cu
component, and the second metal is composed of Al-Cu-Si (as
disclosed in Lee), then obviously, the second metal containing
Al-Cu-Si would have a higher concentration of Cu than the first
metal of pure aluminum or a metal with no Cu. Therefore, Lee
alone meets the recited limitation of a higher concentration of
Cu in one metal relative to another metal. The addition of
Wilson is merely cumulative to the rejection. Therefore, we
sustain the obviousness rejection of claim 42 over Lee and
Wilson.
Lee and Honeycutt
We enter a new ground of rejection, infra, of claim 43 due
to the recited inconsistent requirements of “substantially
continuous composition gradient . . . between said first metal
and said second metal” (claim 41) and “wherein the first and
second metals have substantially the same composition” (claim
43).
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