Ex Parte Seseke-Koyro et al - Page 4

                Appeal 2007-0501                                                                             
                Application 10/747,956                                                                       

                particle size of the flux is controlled at < 10 µm, with at least 70% of the                 
                particles having a diameter of 2-4 µm, to maintain at least 25% by volume of                 
                the particles in suspension without stirring (id., citing col. 2, ll. 18-26).  The           
                Examiner concludes it would have been obvious “to obtain potassium                           
                fluorozincate of either Seseke-Koyro or [Lauzon], by optimizing the                          
                conditions of the process of making such product, or by pulverizing . . . or                 
                agglomerating” to achieve a particle size of < 10 µm as suggested by                         
                Popoola to use the same as a flux in a brazing process (id.).                                
                      With respect to claim 12, the Examiner contends Seseke-Koyro ‘221                      
                and Lauzon do not disclose the particle size of the potassium fluorozincate                  
                (Answer 4-5).  The Examiner contends Shimajiri discloses a fluoride flux                     
                powder having a particle size of 15 µm on average (id. 5).  The Examiner                     
                concludes it would have been obvious “to obtain potassium fluorozincate of                   
                either Seseke-Koyro or [Lauzon], by optimizing the conditions of the                         
                process of making such product, or by pulverizing . . . or agglomerating” to                 
                achieve a particle size of 15 µm on average as suggested by Shimajiri to use                 
                the same as a flux in a brazing process (id.).                                               
                      Appellants contend one of ordinary skill in the art would not have                     
                found any motivation in the references to combine Seseke-Koyro or Lauzon                     
                with Popoola or Shimajiri because the two sets of references relate to                       
                distinctly different materials (Br. 6).  Appellants contend the primary                      
                references relate to potassium fluorozincate salts which are distinctly                      
                different from the potassium aluminum salts disclosed by Popoola and the                     

                                                                                                            
                3  We have not considered the translation of Seseke-Koyro ‘641 prepared for                  
                the USPTO by FLS, Inc. (June 2006) which is attached to the Answer.                          
                                                     4                                                       

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