Appeal No. 2007-0168
Application No. 10/127,927
difficulty is underscored in the first ground of rejection in the Answer,
wherein the Examiner cites the abstract of JP 08132279 (hereinafter JP ‘279)
which reads:
Solder alloy consists of: 1-15% weight % of Zn and balance of Sn.
Solder alloy pref. Consists of: 1-15 weight % of Zn, 3 weight% or less
of Cu, 5 weight% or less of at least one of Ag, In, Sb, Ni, Fe, and Bi,
and balance of Sn.
Answer 5; see also Final Rejection 3.
This content is inconsistent with the language in the “machine
translation” of JP ‘279 prepared by the Japan Patent Office (hereinafter
machine translation) which reads:
[F]urthermore, the copper of this invention and the solder for the heat
exchangers made from a copper alloy – Cu – in addition, the inside of
Ag, In, Sb, nickel, Fe, and Bi – at least one or more sorts—less than
[5wt%] you may contain. [
Machine translation at [0008].
A portion of the machine translation is also difficult to understand as
well:
Ag, In, Sb, nickel, Fe, and Bi raise the reinforcement of solder
material, respectively, and since In and Bi are effective in raise
wetting flare nature, arbitration can be made to contain them further.
Machine translation at [0008].
To determine the propriety of the Examiner’s grounds of rejection set
forth in the Answer, we need to understand all of the specific teachings of
the prior art references, as well as any 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.
1992); In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).
This, of course, requires accurate translations of the foreign prior art
references, including JP ‘279, relied upon by the Examiner.
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