Appeal No. 2002-2274
Application No. 08/387,158
and 61 depend require that the alloy includes at least one of the
following metals: Zr, Si, Ce, Ti and B. In the rejection of the
independent claims the examiner relies upon JP ‘683, JP ‘637 and
JP ‘128 for a suggestion to include these components in Linder’s
alloy. JP ‘683, JP ‘637 and JP ‘128, however, are not applied in
the rejection of claims 46-48, 52, 55, 58 and 61. Also, the
examiner has not explained how Apostolos or the appellants’
admitted prior art would have fairly suggested, to one of
ordinary skill in the art, including Zr, Si, Ce, Ti or B in
Linder’s alloy. Accordingly, we reverse the rejection of
claims 46-48, 52, 55, 58 and 61.
Rejection over Linder in view of Apostolos, the appellants’
admitted prior art, and JP ‘683, JP ‘128 or JP ‘637
Claim 45
JP ‘683 discloses an aluminum alloy sacrificial anode
containing zinc and indium and teaches that 0.01-0.3 wt% Ti or
0.002-0.2 wt% B miniaturizes the casting structure, makes it
uniform, and improves the surface solubility of the sacrificial
anode (pages 7-8).
JP ‘637 discloses an aluminum alloy sacrificial anode
containing zinc and indium and teaches that 0.05-0.3 wt% Si or
0.0005-0.1 wt% Zr increases the amount of electricity, 0.005-
0.1 wt% Ti or 0.001-0.02 wt% B changes the crystal structure from
8
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