Appeal 2007-0501
Application 10/747,956
complexes of potassium fluoride and aluminum fluoride disclosed by
Shimajiri (id.). Appellants contend the distinct differences between the
materials would not have motivated one of ordinary skill to apply the
teachings of the aluminum-based fluoride salts to alkali metal fluorozincate
salts, including the teachings of desired size of the aluminum based salts
disclosed in Popoola and Shimajiri (id. 6-7). Appellants further contend
there is no reasonable expectation that the proposed modification of the
particle size of potassium fluorozincate salts of the primary references would
be successful on the basis of the teachings with respect to materially
different aluminum-containing fluoride salts in Popoola and Shimajiri (id.
7-8).
Appellants contend there is no basis to modify the particle size of the
potassium fluorozincate salts in the teachings of a particle size of less than
10 micrometers to maintain potassium aluminum fluoride salts in solution
without stirring in Popoola (Br. 8). Appellants argue there is no reason the
teachings with respect to potassium fluoride salts in Popoola apply to the
distinctly different chemical substance potassium fluorozincate salts of
Seseke-Koyro and Lauzon (id.). Appellants further contend the Examiner
has not identified the process conditions which would be optimized to result
in a particle size of less than 10 micrometers, arguing that “Popoola merely
discloses that the particle size of a double fluoride salt can be controlled”
(id. 9; original emphasis deleted). Appellants contend the applied references
fail “to recognize that the sequence by which reactants are combined can
affect particle size” and thus, there is no basis to optimize the processes of
the primary references to produce the claimed alkali metal fluorozincates
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