Appeal 2007-1529
Application 10/385,722
rate are such that a recited Z value is 1013 or less. Appellants maintain that
the applied references would not have suggested a strain rate and forging
temperature corresponding to the claimed Z value limitation. We disagree.
The Zener-Holloman Parameter (Z value) is defined in paragraph 0018 of
the Specification. EP ‘710 suggests selecting a forging temperature between
about 150 to 400°C (EP ‘710, ¶ 0028 and ¶ 0050), which forging
temperature corresponds to Appellants’ disclosed forging temperature range
of 200 to 400°C. Moreover, EP ‘710 suggests employing a forging rate
such that cracking does not occur (EP ‘710, ¶ 0085). Also, Kojima discloses
Z values for magnesium alloys are known and within the claimed range
(Kojima, Fig. 5.4.8). Kojima further provides strain rates for magnesium
alloys (Kojima, Table 5.5.1). Given these teachings of the references, we
are satisfied that one of ordinary skill in the art would have arrived at a
forging temperature and a strain rate such that no cracks occurred upon
routine experimentation. Such operational values would have been
reasonably expected to include a temperature and strain rate yielding a Z
value within the claimed range. Appellants have not established otherwise,
on this record. As such, Appellants’ arguments with respect to this claimed
feature as set forth in the Briefs are not persuasive of any reversible error in
the Examiner’s rejection. Consequently, we shall also affirm the Examiner’s
obviousness rejection of claims 5 and 7.
Claims 8-13 and 30-34
Appellants do not present separate arguments for dependent claims 9-
13 and 30-34. Therefore, we select independent claim 8 as the
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