Appeal 2007-2359
Application 90/006,951
49. Reiso advises that this goal may be achieved by increasing the
nucleation rate by "choosing alloys with a Si content in excess of the amount
necessary to form Mg2Si or by adding small amounts of dispersoids (Mn, Cr,
Zr) to the alloy." (Reiso at 39, col. 2, to 40, col. 1, citing Bichsel9.)
50. Bichsel, which Reiso cites as reporting a "positive effect by addition
of only 0.06% Mn" (Reiso at 40, col. 1), describes alloys having
about 0.54% Si and 0.55% Mg. (Bichsel at 58, table at col. 1; translation
at 1.)
51. Reiso does not exemplify alloys that contain Mn or Cu.
WO 95/06,759 and EP 0,716,716
52. Patent publications WO and EP claim the benefit of priority of the
same Great Britain patent application and have the same inventors, who are
entirely distinct from the inventors named for the 359 patent undergoing
reexamination.
53. WO is the published application.
54. EP is the European patent Specification.
55. The Examiner has cited the two patent publications in parallel and the
disclosures are substantially the same, although the EP disclosure is
somewhat more extensive than the WO disclosure. Neither the Examiner
nor Alcan have argued either disclosure separately.
9 H. Bichsel et al., Metallographic Investigations on the Influence of Small
Additions of Manganese to AlMgSi 0.5 Alloys, Proc. 7th Int'l Light Metals
Congress, 68 (1981) (English translation provided by Alcan during
prosecution).
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