Appeal No. 2002-0183
Application No. 09/379,570
uncrystallized, fibrous grain structure. Consequently, we must
agree with appellants’ reasoning that “[b]ecause Wade discloses
that modification of Bergsma’s alloy through the addition of
0.05-0.25 wt% Zr and homogenizing at 1000ºF or less would convert
Bergsma’s dendritic microstructure into a fibrous structure,
while Bergsma requires a dendritic microstructure, the skilled
artisan would have no motivation to combine Wade with Bergsma”
(page 6 of principal brief, third paragraph). Also, it must be
borne in mind that it is necessary to modify the composition of
Bergsma against its teachings in order to obtain an alloy that
possibly may exhibit the presently claimed volume fraction.
We simply do not subscribe to the examiner’s statement that
“Wade et al. teaches that the addition of Zr to Al-Mg-Si alloys
provides improved toughness and strength to Al-Mg-Si alloys in
general, and Appellant’s [sic] analysis of dendritic versus
fibrous microstructures would appear to be irrelevant to this
point” (page 4 of answer, second paragraph, last sentence). We
find no disclosure in Wade to the effect that the addition of
zirconium in general provides improved toughness and strength to
such alloys and the examiner has pointed to no specific
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