Appeal No. 2002-1600
Application 09/350,858
Rejection under 35 U.S.C. § 103
Nagle discloses a ceramic dispersoid in metal product which
can be made by dissolving a metal which can be Sc, Hf, Nb, Mo
or V, in a solvent/matrix metal which can be aluminum, and adding
carbon particles to this solution, which strong agitation, to
form, in situ, and disperse, finely divided metal carbide
particles in an aluminum matrix (col. 6, lines 37-68; col. 7,
lines 53-58; col. 8, lines 57-68; col. 9, lines 6-12, 19-20, 25-
26 and 66-67; col. 10, line 4). Nagle teaches that “relatively
high loadings of very fine second phase particles produce the
finest grained product materials. Typically the grain size of
the product of the present invention is in the vicinity of
one micron for second phase volume fractions between 5 percent
and 15 percent” (col. 14, lines 3-8). However, Nagle also
teaches that “the particle size of the precipitated second phase
in the matrix may vary from less than about 0.01 microns to
about 5 microns or larger” (col. 13, lines 61-65), “[t]he second
phase-forming constituents provide the desired volume fraction of
submicron particulates when reacted in an appropriate volume of
molten metal, molten alloy or molten intermetallic matrix”
(col. 5, lines 23-27), “[t]he precipitation of specific particle
size second phase may be selectively controlled by proper control
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