Appeal No. 2002-2274
Application No. 08/387,158
obvious to one of ordinary skill in the art in view of JP ‘637 or
JP ‘128 for the reason given above regarding the rejection of
claim 45.3
Claim 58 is rejected under 35 U.S.C. § 103 as being obvious
over Linder in view of the appellants’ admitted prior art,
Apostolos, and JP ‘128.
Dependent claim 58, which depends from claim 57, claims an
alloy comprising about 20% to about 30% Zn, 0.11% to about
0.5% In, about 0.02% to about 0.2% Ce, and the balance Al.
Adding this amount of Ce to Linder’s alloy would have been
obvious to one of ordinary skill in the art in view of JP ‘128
for the reason given above regarding the rejection of claim 45.
DECISION
The rejection under 35 U.S.C. § 103 over Linder in view of
Apostolos and the appellants’ admitted prior art is affirmed as
to claims 33, 34, 39-41, 43, and 44 and reversed as to claims 46-
48, 52, 55, 58 and 61. The rejection under 35 U.S.C. § 103 of
claims 35-38, 42, 45, 51, 53, 54, 56, 57, 59, 60, 62, 64 and 66
over Linder in view of Apostolos, the appellants’ admitted prior
art, and JP ‘683, JP ‘128 or JP ‘637, is affirmed. The
3 The “consisting essentially of” transition term does not
distinguish claim 65 over Linder as discussed above regarding the
rejection of claim 39.
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