Heshimatpour's evidence is insufficient to prove (1) that he actually reduced the invention to practice
before Megy's effective filing date or (2) that Megy derived the invention from Dr. Heshmatpour.
Background
Dr. Heshmatpour provoked this interference by filing an amendment to his application
adding claims which interfered with Megy's patent claims and requesting an interference with the
Megy patent. Application 09/020,616, Paper 7, pp. 11-24. After the interference was declared,
preliminary motions were filed by both parties. Those motions have been decided. Paper 44.
Subsequently, a schedule was set for the priority phase of this interference. Paper 49. Only Dr.
Heshmatpour filed any evidence on priority. Megy, therefore, relies on his effective filing date of
October 16, 1997. No oral argument was requested.
Subject Matter of the Interference
The subject matter of this interference relates to a process for making grain refined cast
aluminum alloys, particularly alloys which use titanium-containing grain refining ingredients. Grain
refining additions cause the aluminum to solidify with smaller crystals (grains). Typically, the grain
refining materials form compounds such as TiB2'n molten aluminum which act as nuclei for crystal
formation as the aluminum casting solidifies. More nuclei means more and smaller grains. A
smaller grain size results in improvements in both the casting process and the certain physical
properties of cast aluminum.
A conventional way of adding grain refining materials to aluminum alloys is to add a "master
alloy" to the molten aluminum prior to casting. A master alloy is an alloy containing an excess of
the grain refining ingredients. It is typically provided in the form of a solid rod or waffle. When
added to the molten aluminum, the master alloy melts to provide the necessary amounts of grain
refining ingredients. See Megy Patent 5,935,295, col. 1, 11. 13-26; Heshmatpour Specification,
Application 09/020,616, Paper 1, page 2, 1. 1 - p. 3,1. 6.
The invention claimed by both parties uses a different way of adding the grain refining
ingredients. Most notably, the process does not use a master alloy. It is an "in-situ" process in
which at least some of the grain refining materials are added directly to the casting melt in the form
of a gas.
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