Appeal No. 2005-1579 Page 10
Application No. 09/963,625
the claims subject to that rejection require an acid pretreatment
for reducing the magnesium content at the surface to be anodized
to less than three weight percent. Askin teaches that aluminum
alloys containing up to 10 weight percent magnesium, including AA
5000 series alloys3, that are useful in such applications as
forming auto trim can be brightened by treatment in an acidic
solution, such as a solution including phosphoric acid and
sulfuric acid, prior to anodization and coloring. Askin teaches
that the acidic solution may be maintained at temperatures
overlapping those recited in representative claim 3 and can
include an amount of sulfuric acid overlapping the amount called
for in that representative claim. See, e.g. column 2, line 14
through column 3, line 8 of Askin.
The examiner has taken the position that it would have
been obvious to one of ordinary skill in the art to employ a
brightening step as taught by Askin prior to the anodizing step
of Korte to obtain the advantageous brightening associated
therewith. In so doing, the examiner has determined that the
inclusion of such a brightening step in Korte would decrease the
magnesium content of the alloy to be anodized at the surface
3 See page 4, line 14 of appellants’ specification wherein
appellants teach the use of a AA 5083 alloy in their invention.
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