Ex Parte MEGY - Page 14




                                 invention is to provide grain refined cast A] alloys free from hard particle that                                   
                                 would render such alloys unacceptable and a method to produce such alloys.                                          
               Attachment to Paper 53, Process for Manufacturing High Potency-Ultra Clean Aluminum Grain                                             
               Refining and Specialty Master Alloys, p. 9 (emphasis added.). I I The phrase "grain refiner" as used                                  
               throughout the October 11, 1997, invention disclosure appears to be synonymous with "master                                           
               alloy." This meaning is supported by a letter from Dr. Heshmatpour to patent attorney Kutzenco                                        
               dated November 27, 1997. The letter was apparently in response to questions raised by Kutzenco                                        
               during the preparation of the involved application based upon the October 11 invention disclosure.                                    
               The question related to the meaning of some phrases appearing in the invention disclosure. In                                         
               response, Dr. Heshmatpour provides the following definition:                                                                          
                                 With respect to your questions on a number of definitions, words, etc., I have                                      
                                 already incorporated/made proper changes in the text to reflect/clarify those                                       
                                 questions. However, here are some answers;                                                                          
                                          I . Grain refiner: is the master alloy product produced by this invention                                  
                                                   which is used by the customer (aluminum industry) to grain refine                                 
                                                   their aluminum alloys.                                                                            
               Attachment to Paper 53, Letter dated November 25, 1997, from Dr. Heshmatpotir to Allan N.                                             
               Kutzenco, p. 1. "                                                                                                                     
                        The only portion of the document we could find which describes the formation of a cast                                       
               grain-refined aluminum alloy uses a master alloy in the conventional way:                                                             
                                 The invention further provides a grain refined aluminum alloy substantially                                         
                                 free of carbides, borides, nitrides, sulfides, and phosphides greater than about                                    
                                 1 micron in diameter, and substantially free from oxides, inclusion and                                             
                                 agglomerates. Such grain refined Al alloys are produced by the addition of                                          
                                 the claimed grain refining master alloys to a molten mass of aluminum or its                                        
                                 alloy. The invention further provides a family of specialty master allow for                                        
                                 structural and other applications substantially free from carbides, borides,                                        
                                 nitrides, sulfides, and phosphides greater than I micron in diameter, and                                           
                                 substantially free from oxides inclusions and agglomerates.                                                         


                                 A redacted copy is also of record in the Heshmatpour involved application as Exhibit 21 to the Rule                 
               1.608(b) Evidentiary Declaration I of Bahman Heshmatpour (Application 09/020,616, Paper 7).                                           
                        12 A redacted copy is also of record in the Heshinatpour involved application as Exhibit 27 to the Rule                      
               1.608(b) Evidentiary Declaration I of Bahman Heshmatpour (Application 09/020,616, Paper 7).                                           
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