Ex Parte MEGY - Page 15




              Attachment to Paper 53, Process for Manufacturing High Potency-Ultra Clean Aluminum Grain                                              
              Refining and Specialty Master Alloys, p. 9 (emphasis added.)."                                                                         
                       The only description we could find which appears to expressly relate to a process of forming                                  
              an aluminum alloy other than a master alloy is on p. 12 of the document. The document there                                            
              describes the production of an Al-5%-Mo-3% Si metal matrix composite alloy using gaseous                                               
              injection. However, this alloy does not include titanium or other gain refining ingredients as                                         
              required by all the alternatives of the count and does not appear to result in a grain refined alloy.                                  
                       The October 11, 1997, invention disclosure does not appear to describe a process meeiing                                      
              all the limitations of at least one of the count alternatives and thus is insufficient to prove conception                             
              of the invention.                                                                                                                      
                       Dr. Heshmatpour has also presented two other documents of interest to conception. Both of                                     
              these documents appear to describe at least one embodiment meeting all the limitations of the count.                                   
                       The first document is titled "Preliminary Test Plan for Grain Refiner Development." The                                       
              document is an attachment to Paper 53." The document bears the date September 29, 199,7. The                                           
              document has two sections. The first section is captioned "Al-0.01 5% Ti Alloy at 730'C +/- 5'C."                                      
              The document describes the following steps:                                                                                            
                       1. Melting aluminum,                                                                                                          
                       2. Adding titanium in the form of titanium salts,                                                                             
                       3. Injecting gaseous chlorides including C2C14 andBC13 into the melt while maintaining                                        
                                the bath at 730'C, and                                                                                               
                       4. Forming sample cones from the alloy for testing.                                                                           
              0.015% titanium is 150 ppm. 730'C is 13467. The process described in the document appears to                                           
              be an embodiment within the scope of the count alternatives of Megy Claims 1, 17, 44 and                                               
              Heshmatpour Claim 21. With respect to the document, Dr. Heshinatpour testifies:                                                        



                       13 A redacted copy is also of record in the Heshmatpour involved application as Exhibit 21 to the Rule                        
              1.608(b) Evidentiary Declaration 1 of Bahnian Heslunatpour (Application 09/020,616, Paper 7).                                          
                       14 A copy is also of record in the Heshmatpour involved application as Exhibit 18 to the Rule 1.608(b)                        
              Evidentiary Declaration I of Bahman Heshmatpour (Application 09/020,616, Paper 7).                                                     









Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next 

Last modified: November 3, 2007