Ex Parte 6440359 et al - Page 18

                 Appeal  2007-2359                                                                                       
                 Application 90/006,951                                                                                  
                 91. The Examiner reasons that it would have been obvious to apply the                                   
                 thermal treatments taught by EP and WO to Reiso alloys 6 and 16 because                                 
                 they would have had a reasonable expectation of successfully obtaining                                  
                 ingots having the improved properties taught by the references.  (Answer                                
                 at 7–8.)                                                                                                
                 92. The Examiner finds that Timsit teaches that it was known to improve                                 
                 the extrudability of aluminum alloys by adding Mn and excess Si in                                      
                 combination.  (Answer at 8; (Timsit at 3:38–45.)                                                        
                 93. The Examiner reasons that one of ordinary skill in the art would have                               
                 applied the teachings of Timsit regarding the improved properties arising                               
                 from the addition of Mn and excess Si to aluminum alloys, to the alloys                                 
                 taught by Reiso, in particular, alloys 6 and 16.  The Examiner applies the                              
                 same reasoning applied to the teachings of the EP/WO and concludes that                                 
                 the claims would have been obvious over the combined teachings of Reiso,                                
                 Timsit, and the EP/WO references.  (Answer at 9–10.)                                                    
                 94. With regard to the limitations of claim 14, namely, that the                                        
                 homogenized ingot be cooled to 425°C or less at a rate of at least 150°C per                            
                 hour, the Examiner finds that Marchive teaches quenching at rates between                               
                 20 and 500°C per hour at page 8.  (Answer at 10 and at 11.)                                             
                 95. The Examiner reasons that Marchive teaches a broad range that                                       
                 encompasses or overlaps the range recited in claim 13, and that in the                                  
                 absence of a new or unexpected result, modification to select a value within                            
                 the claimed range would have been obvious.  (Answer at 10 and 11.)                                      




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