Appeal No. 2004-0140
Application No. 10/154,729
Appellants assert that the particular timing of the bonding and formation are
not set forth in the appealed claims. (Brief, p. 5). Appellants assert that the
limitation of claim 27, “forming said first metallic material and said second metallic
material into a cup-shaped sputter target assembly including an outer shell
composed of said second metallic material and a sputtering insert composed of said
first material”, is disclosed in the provisional application by the following:
Page 1, lines 21-22 and the Drawing Figure. Under the headings
“Shrink Fit Method” and “Diffusion Bond Technique,” the materials
are machined (i.e. formed) into the cup shaped shown in the drawings.
[Brief, p. 6].
We agree with Appellants that timing of the bonding and formation are not
set forth in the appealed claims. We find that the drawing figure of the provisional
application does not provide information about the method of forming the sputter
target assembly but is representative of the product. However, contrary to
Appellants’ position, we find that the discussion in the provisional application
describing the bonding techniques under the headings identified by the Appellants
provides a specific order for the forming and bonding steps. In each description, the
metallic materials are formed prior to bonding. In each description the sputtering
material is machined and subsequently placed into the Aluminum alloy before they
are bonded.
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