Ex Parte WATANABE et al - Page 10




          Appeal No. 2002-2274                                                        
          Application No. 08/387,158                                                  

          rejection of claim 39, Linder would have fairly suggested, to one           
          of ordinary skill in the art, including 0.11 wt% indium in the              
          alloy.                                                                      
               The alloy claimed in the appellants’ claim 45, therefore,              
          would have been obvious to one of ordinary skill in the art over            
          Linder in view of the prior art applied therewith.                          
                                      Claim 66                                        
               JP ‘128 discloses an aluminum alloy sacrificial anode                  
          containing zinc and indium and teaches that 0.02-0.2 wt% Ce acts            
          toward preventing pitting corrosion and increases the electric              
          quantity (pages 5 and 7).                                                   
               The appellants argue that Linder, Apostolos, the appellants’           
          admitted prior art, JP ‘683, JP ‘637 and JP ‘128, in combination,           
          fail to teach or suggest an alloy which contains about 20 to                
          about 50 wt% zinc and from 0.11 to about 0.6 wt% indium (brief,             
          page 20).  Linder, however, discloses that the alloy can contain            
          about 20 wt% zinc (col. 1, lines 23-24).  As discussed above                
          regarding the rejection of claim 39, Linder would have fairly               
          suggested, to one of ordinary skill in the art, including                   
          0.11 wt% indium in the alloy.                                               
               The appellants argue that the transition term “consisting              
          essentially of” excludes Linder’s 0.01-1.0 wt% manganese (brief,            

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