Appeal No. 2001-1306
Application No. 08/939,762
OPINION
The examiner finds that Osame discloses the brazing of
aluminum alloys using a flux and matrix powder (Paper No. 8, page
2). The examiner applies Wallace to show a similar brazing process
with use of minor amounts of LiF in the flux (Paper No. 8, page 3).
As correctly argued by appellants (Brief, page 7; Reply Brief, page
2), neither Osame nor Wallace discloses the brazing of beryllium-
aluminum alloys, much less the particular beryllium-aluminum alloys
required by the claims (at least 45% beryllium by volume; see claim
1 on appeal).
The examiner argues that the references applied show the
brazing of aluminum or aluminum alloys “and beryllium may be
present in the flux.” Paper No. 8, page 6. The examiner finds
that “[a]luminum alloys includes aluminum alloys which contain
beryllium,” citing Osame, col. 3, ll. 1-22. Id. This finding by
the examiner is incorrect and regardless has no relevance to the
beryllium-aluminum alloy assembly since this citation from Osame is
only directed to the matrix powder, not the assembly being brazed
nor the flux (see Osame, col. 3, ll. 12-22). Thus beryllium is not
taught by Osame to be a flux component or part of the alloy
assembly but is taught to be part of the matrix powder component.
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