Appeal No. 2003-1583
Application 09/253,235
fine spherical crystal grains uniformly coexist in the molten
metal, thereby producing the semi-solidified metal slurry”
(page 6). Selected amounts of the semisolid metal slurry are
sequentially supplied to casting mold 28 (pages 6-7).
The appellants acknowledge that JP ‘345 discloses a source
of molten metal maintained at a temperature above the
solidification temperature, and argue that the reference does not
disclose that the source maintains the metal within a
predetermined temperature range above the temperature at which
the metal will begin to solidify as required by claims 31 and 38
(brief, page 12; reply brief, page 2). This argument is not well
taken because the disclosure in JP ‘345 that the metal is
supplied in molten form (page 4), not semisolid form, indicates
that it is at a predetermined temperature above the temperature
at which it will begin to solidify.
The appellants argue that JP ‘345 does not disclose that the
semisolid metal bath is maintained in a substantially isothermal
state as required by claims 32, 38 and 39 (brief, page 13).
JP ‘345, however, discloses that the metal bath temperature is
controlled (page 4) and that fine spherical crystal grains
uniformly coexist in the molten metal (page 6). It is not
apparent how the grains could uniformly coexist in the metal
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