Ex Parte 6440359 et al - Page 3

                 Appeal  2007-2359                                                                                       
                 Application 90/006,951                                                                                  
                                0.35–0.60 wt.% Si,                                                                       
                                0.02–0.15 wt.% Mn,                                                                       
                                up to 0.10 wt.% Cu,                                                                      
                                up to 0.35 wt% Fe,                                                                       
                                optionally Ti and B as grain refiners,                                                   
                                incidental impurities up to 0.05 wt% each, up to                                         
                                0.15 wt.% total,                                                                         
                                balance Al,                                                                              
                        provided that when Mg is at least 0.30 wt% and Cu is at least                                    
                        0.05 wt.%, then Fe is greater than 0.15 wt%,                                                     
                        wherein excess Si, as defined by the formula                                                     
                                Excess Si = Si - (Mg/1.73) - ((Fe + Mn)/3),                                              
                        is present in said composition                                                                   
                        and wherein Fe is present in the ingot substantially as α-AlFeSi,                                
                        by virtue of homogenisation.                                                                     
                 (Br. App. at 20.; Examiner's Answer at 4; paragraphing and indentation                                  
                 added.)                                                                                                 
                 B. Findings of Fact                                                                                     
                        The following findings of fact and any set out in the Discussion are                             
                 supported by a preponderance of the evidence of record.  To the extent any                              
                 finding of fact is a conclusion of law, it should be treated as such.                                   
                 1. The patent under reexamination, U.S. 6,440,359 B1 ("359 patent"),                                    
                 issued 27 August 2002, based on application 09/355,497, the national stage                              
                 of PCT/GB98/00849, which names Nicholas Charles Parson, Jeffrey David                                   
                 Hankin, and Kevin Paul Hicklin as the inventors and Alcan Int'l Ltd, of                                 
                 Canada, as the assignee.                                                                                
                 2. The national stage was entered on 22 September 1999; the PCT                                         
                 application was filed 20 March 1998.                                                                    

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