Appeal No. 2005-1354
Application No. 09/940,481
The examiner relies upon the following references as
evidence of obviousness:
Ishikawa et al. (Ishikawa) 4,832,908 May 23, 1989
Kato et al. (Kato) 5,164,021 Nov. 17, 1992
Inoue et al. (Inoue) 5,234,512 Aug. 10, 1993
Fukuda et al. (Fukuda) 5,236,522 Aug. 17, 1993
Appellants' claimed invention is directed to an alloy of
iron, nickel and cobalt that is used to form shadow masks.
According to appellants, they "have discovered that local doming
which may occur in shadow masks exposed to thermal stress can be
reduced if the alloy from which the shadow mask is made adheres
to the compositional and/or physical property requirements of the
claimed invention" (page 4 of principal brief, third paragraph).
This application is a continuation of U.S. Application
No. 08/641,233 filed on April 30, 1996, now abandoned. The
parent case was before this Board and, in a decision dated
June 29, 2001, the Board affirmed the examiner's rejection under
35 U.S.C. § 103 over the same claims 1-8 presently before us over
the same prior art references.
Appealed claims 1-18 stand rejected under 35 U.S.C. § 112,
first paragraph, enablement requirement. Claims 1-18 stand
rejected under 35 U.S.C. § 103 as being unpatentable over Inoue
in view of Fukuda, Ishikawa and Kato. Claims 1-8 are also
rejected under res judicata based on the prior Board decision.
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