The opinion in support of the decision being entered
today was not written for publication and is not binding
precedent of the Board.
Paper No. 27
UNITED STATES PATENT AND TRADEMARK OFFICE
_______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte ROBERTO J. RIOJA,
GARY H. BRAY, JAMES T. DURHAM
and DIANA K. DENZER
______________
Appeal No. 2004-0109
Application 09/324,549
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HEARD: March 2, 2004
_______________
Before WARREN, DELMENDO and PAWLIKOWSKI, Administrative Patent Judges.
WARREN, Administrative Patent Judge.
Decision on Appeal
This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally
rejecting claims 19, 21 through 35, 37 and 40 through 44, all of the claims in the application.
Claim 19 is illustrative of the claims on appeal:
19. An aluminum alloy consisting essentially of from about 5 to 11 wt % zinc, from
about 1 to 3 wt % copper, from about 1 to 3 wt % magnesium, from about 0.10 to 0.4 wt %
lithium and less than 0.1 wt % silicon, and being substantially free of beryllium, wherein the
alloy is capable of attaining a yield strength (L) above 80 ksi and a fracture toughness above
about 33 ksi√inch.
The appealed claims, as represented by independent claim 19 on which all other claims
depend, are drawn to an aluminum alloy consisting essentially of at least the specified elements,
each of which is present in an amount that falls within the specified percent by weight range for
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