Appeal No. 2003-1583
Application 09/253,235
added the molten metal in small percentages of the semisolid
metal volume to minimize temperature fluctuations in the
semisolid metal bath is reasonable and has not been challenged by
the appellants. Therefore, we accept it as fact. See Kunzmann,
326 F.2d at 425 n.3, 140 USPQ at 236 n.3.
For the above reasons we conclude that the claimed invention
would have been obvious to one of ordinary skill in the art
within the meaning of 35 U.S.C. § 103.
DECISION
The rejections over JP ‘345 of claims 31-33 and 35-39 under
35 U.S.C. § 102(b) and claims 40 and 41 under 35 U.S.C. § 103 are
affirmed.
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