There are some differences between each of the alternatives of the count. Some of the
alternatives specify the amount of titanium: 1-3000 ppm (Megy Claims I and 35), 1-1500 ppm
(Megy Claims 17 and 44); and 1-200,000 ppm (Heshmatpour Claim 21). Megy Claim 45 is not
restricted to any particular amount of titanium. Some of the alternatives specify the temperature of
the molten aluminum: 1200-1500*F (Megy Claims 17 and 45). Some ofthe alternatives additionally
require the use of a fluxing or carrier gas (Megy Claims 17, 35 and 45). One alternative specifies
that the gaseous materials is a chloride or fluoride of boron, sulfur, nitrogen, or phosphorus (Megy
Claim 17). One alternative additionally specifies that the gaseous material may include carbon
(Heshmatpour Claim 21).
Dr. Heshmatpour testifies that he actually reduced the process to practice on October 9, 1997,
and that the process worked:
After ordering materials and setting up small-scale production equipment, I
ran an actual test of my inventive process on October 9, 1997, and confirmed
that the process worked. A true and correct copy of my personal handwritten
notes for the work I conducted from October 7-9, 1997 at Dr. Megy's plant
is attached hereto and marked as Exhibit 19. Note the entry for October 9,
1997 in my notes, which shows that I injected mixed gaseous chlorides of
TiC14 and C2C14 into an aluminum molten melt. Ted Mitchell ("Ted") and Dr.
Knoll observed the testing of my invention. I took out samples of products
produced my inventive process so that [the samples] could be sent to
Touchstone Research Laboratory for analysis, but I am unaware what
happened to [the samples] them as my business relationship with Dr. Megy
ended shortly thereafter.
Attachment to Paper 53, Rule 1.608(b) Evidentiary Declaration 1 of Bahman Heshmatpour, p. 6.1
Exhibit 19', referred to above, is a one-page handwritten unsigned document which is partially
illegible. The relevant portions are reproduced below:
Trip to New Cumberland WV, Oct. 7-10,1997
5 A copy is also an attachment to Paper 7 of Application 09/020,616, filed December 27, 1999,
Evidentiary Declaration 1.
6 The reference to "Exhibit 19" refers to Exhibit 19 of the submission titled "Documentary Exhibits I
35" which is an Attachment to Paper 7 of Application 09/020,616, filed December 27, 1999.
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