Ex Parte 6440359 et al - Page 13

                 Appeal  2007-2359                                                                                       
                 Application 90/006,951                                                                                  
                 63. EP instructs that if the Si content is too low, the alloy strength                                  
                 becomes too low, while if the Si content is too high, the extrudability                                 
                 becomes too low.  (EP at 3:12-14.)                                                                      
                 64. According to EP, the Fe is present in an as-cast alloy ingot as large                               
                 plate-like β-AlFeSi particles, which are preferably homogenized to convert                              
                 the β-form to the α-form.  (EP at 3:15–18.)                                                             
                 65. EP states that it was known that excess Si (as defined supra) stabilizes                            
                 the β-AlFeSi form, "which has a detrimental effect on extrudability and in                              
                 particular on extrusion surface quality."  (EP at 3:18–20.)                                             
                 66. EP states that "Mn is included in the alloys in order to improve                                    
                 extrusion surface quality.  Mn acts to accelerate the β to α-AlFeSi                                     
                 transformation during homogenisation, so that the resulting homogenised                                 
                 ingot has improved extrudability, that is to say improved extrusion surface                             
                 quality."  (EP at 3:22–24.)                                                                             
                 67. EP teaches that following homogenization at 550–600°C, the hot                                      
                 homogenized ingot is extruded under conventional hot extrusion conditions                               
                 and quenched, preferably in still air.  (EP at 3:34–40.)                                                
                 68. According to EP, aging at 150–200°C for 1–48 hours, yielding                                        
                 ultimate tensile strengths "of at least 240 MPa, often greater than 250 MPa,                            
                 with acceptable toughness."  (EP at 3:42–50.)                                                           
                 69. Comparison of the EP alloy composition ranges with the 359 patent                                   
                 composition ranges on appeal shows that there is substantial overlap for all                            
                 components except for Si:                                                                               
                                              EP   359 Patent                                                            
                                Mg   0.25–0.40   0.20–0.34                                                               

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