Appeal No. 2002-0183
Application No. 09/379,570
Wade 5,503,690 Apr. 02, 1996
Bergsma 5,571,347 Nov. 05, 1996
Appellants’ claimed invention is directed to an aluminum
alloy comprising, inter alia, zirconium in the recited amount.
According to appellants, contrary to conventional wisdom, they
“have discovered that the size and shape of intermetallic
particles do not control fracture in a 6000-series aluminum
alloy”, but that “of primary importance in controlling toughness
in a 6000-series aluminum alloy is the spacing between
intermetallic particles” (page 3 of principal brief, lines 1-5).
Appealed claims 1-9 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Bergsma in view of Wade.
We have thoroughly reviewed the respective positions
advanced by appellants and the examiner. In so doing, we concur
with appellants that the examiner has not established a prima
facie case of obviousness for the claimed composition.
Accordingly, for simply those reasons expressed by the
appellants, we will not sustain the examiner’s rejections.
The examiner appreciates that Bergsma, the primary
reference, discloses an element alloy that does not contain
2
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