The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper 38
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte Framatome ANP
_____________
Appeal No. 2006-0009
Reexamination Control No. 90/005,589
______________
ON BRIEF
_______________
Before CAROFF, HANLON, and GAUDETTE, Administrative Patent Judges.
HANLON, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the final rejection of appellant’s
claims 1-4 in the patent reexamination proceeding. Claims 5-8 are also subject to reexamination.
However, the examiner has indicated that claims 5-8 are patentable. See Final Office action
mailed March 28, 2002.
Claims 1-4 are directed to a zirconium-base alloy. Claim 1 is illustrative of the subject
matter on appeal:
1. A tube of zirconium-base alloy for constituting all or the outside portion of cladding for a
nuclear fuel rod or of a guide tube for a nuclear fuel assembly, made of a zirconium-base alloy
containing, by weight,
0.8% to 1.8% niobium,
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