Appeal No. 2004-0109
Application 09/324,549
35 USPQ2d 1801, 1802-05 (Fed. Cir. 1995) (“Consequently, as properly interpreted, Exxon’s
claims are to a composition that contains the specified ingredients at any time from the moment
at which the ingredients are mixed together.”). Furthermore, in view of the phrase “consisting
essentially of” taken in light of the specification as we discussed above, we find that the claimed
alloys can contain Zr at least in the range of “0.0 to 0.6 wt %,” Mn and Fe at least in the range of
“0 to 1 wt %” and Ag at least in the range of “up to about 1.0 wt %” (specification, page 4, line
28, to page 5, line 5), and compare the claimed aluminum alloys of appealed claim 19 with the
aluminum lithium alloys disclosed by Rioja ‘792 and ‘859 on this basis.
Turning now to the prior art applied on appeal, we find that Rioja ‘792 discloses and
claims aluminum lithium alloys wherein
[t]he product comprises 0.2 to 5.0 wt.% Li, 0.05 to 6.0 wt.% Mg, at least 2.45 wt.%
Cu, 0.05 to 0.16 wt.% Zr, 0.05 to 12 wt.% Zn, 0.5 wt.% max. Fe, 0.5 wt.% max Si, the
balance aluminum and incidental impurities. [Abstract; col. 2, lines 35-39; Rioja ‘792
claim 1.]
Rioja ‘792 additionally discloses that
[t]he alloy of the present invention can contain 0.2 to 5.0 wt.% Li, 0 to 5.0 wt.% Mg,
up to 5.0 wt.% Cu, 0 to 1.0 wt.% Zr, 0 to 2.0 wt.% Mn, 0.05 to 12.0 wt.% Zn, 0.5
wt.% max. Fe, 0.5 wt.% max Si, the balance aluminum and incidental impurities. [Col.
2, lines 62-66.]
Rioja ‘792 further discloses alloys that
can contain 0.2 to 5.0 wt.% Li, at least 2.45 wt.% Cu, 0.05 to 5.0 wt.% Mg, 0.05 to
0.16 wt.% Zr, 0.05 to 12 wt.% Zn, the balance aluminum and incidental impurities.
[Col. 3, lines 3-7.]
Rioja ‘792 also discloses
a lithium-containing aluminum base alloy product consisting essentially of 0.2 to 5.0
wt.% Li, 0.05 to 6.0 wt.% Mg, 2.45 to 2.95 wt.% Cu, 0.05 to 0.12 wt.% Zr, 0.05 to 12
wt.% Zn, 0.5 wt.% max. Fe, 0.5 wt.% max Si, the balance aluminum and incidental
impurities. [Rioja ‘792 claim 19; col. 16, lines 34-39.]
We further find that Rioja ‘792 would have taught one of ordinary skill in this art4 the
function of the different elements and the amounts thereof in aluminum lithium alloys (e.g.,
4 It is well settled that a reference stands for all of the specific teachings thereof as well as the
inferences one of ordinary skill in this art would have reasonably been expected to draw
therefrom, see In re Fritch, 972 F.2d 1260, 1264-65, 23 USPQ2d 1780, 1782-83 (Fed. Cir.
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