UNITED STATEs PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Adams: COMMISSIONER FOR PATENTS
`PO. Box 1450
`_
`Alexandria. Virgina 22311-1450
`ww.usplo.gov
`
`APPLICATION No.
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`'
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`FILING DATE
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`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET No.
`
`CONFIRMATION No.
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`.
`,
`07/19/2005
`1 ll] 85,619
`03/09/2007
`7590
`52237 .
`BACHMAN&LApomrE,P.c.<P&w>
`900 CHAPEL STREET
`SUITE 1201
`NEW HAVEN, CT 06510-2802 -
`
`-
`
`Wangen Lin
`-
`
`2
`
`.
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`SHORTENED STATUTORY PERIOD OF RESPONSE
`
`I.
`
`MAIL DATE
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`2 MONTHS
`
`-
`
`a
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`03/09/2007
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`EH-104528(00-749-3)
`
`5656
`
`’
`
`BEVERIDGE. RACHELE
`
`I725
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`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`If NO period for reply is specified above, the maximum statutory period will apply and will expire 6 MONTHS
`from the mailing date of this communication.
`'
`'
`
`P'I‘OL-90A (Rev, 10/05)
`
`

`

`_ UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`_’-.‘
`
`S '
`
`Commissioner tor Patents
`United States Patent and Trademark Office
`PO. Box 1450
`Alexandria. VA 2231$1450
`www.mplogov
`
`BEFORE THE BOARD OF PATENT APPEALS
`AND INTERFERENCES
`'
`
`Application Number: 11/185,619
`Filing Date: July 19, 2005
`Appellant(s): LIN ET AL.
`
`,
`
`”AR ‘0 9 2007
`
`Barry Kelmachter
`For Aggellant
`
`SUPPLEMENTAL EXAMINER'S ANSWER
`
`

`

`SUPPLEMENTAL EXAMINER'S ANSWER
`
`. This is in response to the reply brief filed January 16, 2007 appealing from the
`
`Examiner’s Answer mailed November 13, 2006.
`
`(1) Real Party in Interest
`
`A statement identifying by name the real party in interest is contained in the brief.
`
`V
`
`(2) Related Appeals and Interferences
`
`The examiner is not aware of any related appeals, interferences, orjudicial
`
`proceedings which will directly affect or be directly affected by or have a bearing on the
`
`Board’s decision in the pending appeal.
`
`(3) Status of Claims
`
`The statement of the status of- claims contained in the brief is correct.
`
`,
`
`(4) Status of Amendments After Final
`
`The appellants’ statement of the status of amendments after final rejection
`
`contained in the brief is correct.
`
`-(5) Summary of Claimed Subject Matter
`
`The summary of claimed subject matter contained in the brief is correct.
`
`

`

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`Art Unit: 1725
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`Page 3
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`(6) Grounds of Rejection to be Reviewed on Appeal
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`The appellants’ statement of the grounds of rejection to be reviewed on appeal is
`
`substantially correct. The changes are as follows:
`
`WITHDRAWN REJECTIONS
`
`The following grounds of rejection are not presented for review on appeal
`
`because they have been withdrawn by the examiner. The rejection of claim 9 under 35
`
`U.S.C. '103(a) as being unpatentable over US. Patent No. 2,303,272 (Haskell) has
`
`been withdrawn by the examiner in view of the appellants’ arguments.
`
`The following grounds of rejection are applicable to the appealed claims:
`
`Claims 7, 8, and 10-13 are rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over_U.S. Patent No. 2,303,272 (Haskell); and
`
`Claim 14 is rejected under 35 U.S.C. 103(a) as being unpatentable over US
`
`Patent No. 2,303,272 (Haskell) in view of US Patent No. 2,138,638 (Leach).
`
`(7) Claims Appendix
`
`A substantially correct copyiof appealed claims 7-14.appears on pages 15-16 of
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`the Appendix to the appellants‘ brief. The minor errors are as follows: claim 10 contains
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`the word “the" on line 4 which was deleted in the response received on Januaryt20,
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`' 2006.
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`

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`Art Unit: 1725
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`I
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`(8) Evidence Relied Upon
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`2,303,272
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`_
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`HASKELL
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`11-1942
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`2,138,638
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`3,887,731
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`LEACH
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`I
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`1141938 ~
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`'DEAN et al.
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`6—1975 (Response to
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`Arguments only)
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`Schwartz, Melvin M. "Introduction to Brazing and Soldering" ASM Handbook,
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`vo|6 (1993), p 110 (Response to Arguments only)
`
`Schwartz, Melvin M "Introduction to Brazing"ASM Handbook vol6(1993), pp
`116-118 and 120 (Response to Arguments only)
`
`(9) Grounds 'of Rejection
`
`The following ground(s) of rejection are applicable to the appealed claims:
`
`(Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`Claims 7, 8, and 10-13 are rejected under‘35 U.S.C. 103(a) as being
`
`unpatentable over Haskell (US 2,303,272).
`With respect to Claims 7 and .8, Haskell discloses alloys forbrazing purposes to
`
`unite steel-supporting bodies (Haskell, column 1, lines 1-5). Haskell's alloy consists of
`
`the following composition ranges: silver 47.5 to 58%, copper 36 to 47%, nickel 2.5 to
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`

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`Application/Control Number. 11/185 619
`Art Unit. 1725
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`Page 5
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`9%, and manganese tr. to 3% (Haskell, column 2, lines 1-7). The composition ranges
`for silver and copper as disclosed by, Haskell encompass the ranges disclosed by the
`appellants. The composition range for manganese as disclosed by Haskell
`encompasses the majority of the appellants' claimed range, and Haskell's nickel
`composition range encompasses 2.5% as is also disclosed by the appellants' claim.
`
`Furthermore, Haskell discloses that a “high melting point is necessary" for brazing
`
`(Haskell, column 1, lines 28-29). Because Appellants’ braze material is substantially the
`same as the instant invention's, it Would have been obvious to one having ordinary skill
`in the art at the time of the invention to modify Haskell’s invention to arrive at the
`'
`claimed high temperature range of 900 to 1050 °C to sufficiently melt the said
`composition of brazing materialIn order to create a firm bond between the steel parts to
`
`be joined together (Haskell, column 1, lines 42-44).
`
`With regard to Claim 10, the teachings of Haskell are the same as relied upOn in
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`the rejection of Claim 7. Also, Haskell’s alloy consists of the following composition
`ranges: silver 47.5 to 58%, copper 35 to 47%, nickel 2.5 to 9%, and manganese tr. to
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`3% (Haskell, column 2, lines 1—7). The composition ranges for silver and copper as '
`
`disclosed by Haskell encompass the ranges disclosed by the appellants. The
`composition range for manganese as disclosed by Haskell encompasses the majority of
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`the appellants' claimed range. Haskell’s nickel composition range encompasses 2.5% .
`
`as is substantially similar to that-disclosed by the appellants. Put another way. Haskell
`
`teaches sufficient malleability and ductility from silver and copper, maintenance of the
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`desired melting range from silver, increased strength" and effective wetting ability from
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`

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`Application/Control Number: 111185.619
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`Page 6
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`nickel, and purification of the alloy by manganese to eliminate oxidation (Haskell,
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`column 2, lines 9-16), to be an art recognized result effective variable depending on the
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`type of material to be used.
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`It would, have been obvious to one having ordinary skill in
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`the art at the time of the invention was made to modify the invention of Haskell to
`‘ include the instant composition disclosed by‘ the appellants in claim 10. That is it would
`
`have been obvious to one of ordinary skill in the art at the time of the invention to
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`choose the instantly claimed values through process optimization, since it has been
`
`held that there are general conditions of a claim are disclosed in the prior art,
`
`discovering the optimum or workable ranges involves only routine skill in the art. See l_n
`re Boesch, 205 USPQ 215 (CCPA 1980).
`I
`
`‘ Ftegarding Claim 11, the teachings of Haskell are the same as relied upon in the
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`rejection of Claim 10. Haskell's alloy consists of the fellowing composition ranges: silver
`
`47.5 to 58%, copper 36 to 47%,nickel 2.5 to 9%, and manganese tr. to 3% (Haskell,
`
`column 2, lines 1-7). Haskell‘s nickel composition range encompasses 2.5% as is
`substantially similar to that disclosed by the appellants. Thus, it would have been
`obvious to one of ordinary skill in the art at the time of the invention to modify the
`disclosed nickel composition of Haskellto encompass the values lower than 2.5% of
`
`Appellants' instant invention in order to obtain desirable high wetting ability so that a
`
`firm-bond can be created between the steel parts joined together (Haskell,'column 1,
`
`lines 42-44).
`
`It is also the examiner's position that the amounts in question are so close
`
`that is it prima facie obvious that one skilled in, the art would have, expected them to
`
`have the same properties. Titanium Metals Corp. v. Banner, 227 USPQ 773.
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`

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`Art Unit: 1725
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`Page 7
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`With respect to Claim 12, the'teachings of Haskell are the same as relied upon in
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`the rejection of Claim 10. Haskell’s alloy consists of the following composition ranges:
`
`silver 47.5 to 58%, copper 36 to 47%, nickel 2.5 to 9%, and manganese tr. to 3%
`
`(Haskell, column 2, lines 1-7). The composition range for manganese as disclosed by
`
`Haskell encompasses the majority of the appellants' claimed range. Hence, it would
`have been obvious to one of ordinary skill in the art at the time of the invention to modify '
`
`the disclosed manganese composition of Haskell with the broader range of the
`appellants in order to purify the alloy and eliminate oxidation (Haskell, column 2, lines
`
`15-16) and to obtain desirable high wetting ability so that a firm bond can be created _
`between the steel parts joined together (Haskell, column 1, lines 42-44).
`
`- With regard to Claim 13, the teachings of Haskell are the same as relied upon in
`
`the rejection of Claim 10. Haskell discloses alloys for brazing purposes to unite steel-
`
`supporting bodies (Haskell, column 1, lines 1-5). Therefore, it would have been obvious
`
`to one of ordinary skill in the art at the time of the invention to modify the invention of
`Haskell to encompass the claimed alloy composition ranges for brazing of steel bodies
`in order to obtain desirable high wetting ability so that a firm bond can be created
`
`between the steel parts joined together (Haskell, column 1. lines 4244).
`
`Claim 14 is rejected under 35 U.S.C. 103(a) as being unpatentable over Haskell
`
`(US 2,303,272) as applied to claim 7 above, and further in view of Leach (US
`
`2,138,638).
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`

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`Application/Control Number: 11/185,619
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`.
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`_
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`-
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`P3993
`‘
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`With regard to claim 14, the teachings of Haskell are the same as relied upon in
`
`the rejection of Claim 7. However, Haskell lacks disclosure of stainless steel bodies for
`
`brazing with the said alloycompositions; Leach discloses alloys for brazing purposes
`
`adapted to uniteobjects made of stainless steel (Leach, page 1, column 1, lines 1-5).
`Therefore... it would have been obvious to one of ordinary skill in the art at the time of the
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`invention to modity the inventionvof Haskell toincorporate the joining of stainless steel
`
`as taught by Leach in order to Utilize silver alloys to braze stainless steel with significant
`
`‘
`
`wetting ability (Leach, page 1, column 1, lines 7-15).
`
`(10) Response to Argument
`Appellants argue that “the Haskell patent is totally silent on how any brazing
`process is to be carried out and at what temperature, the brazing process would be
`carried out" (Appeal Brief, page 5). The examiner disagrees. Haskell states, “this
`
`invention relates to alloys particularly suited for solder and brazing purposes, and is
`
`concerned more particularly with the novel alloy especially adapted for uniting metal
`carbide—containing bodies to steel-supporting bodies" (Haskell, column 1, lines 1-5).
`
`, The simple definition of brazing implies that heating must occur at a temperature high
`
`enough to melt the brazing material (see Schwartz, p. 110, column 1, Mechanics of
`
`Brazing); thus, it is clearly implied by Haskell's disclosure of brazing in order “unite”
`bodies (including ferrous steel bodies) that heating must occur during the brazing
`
`process. Also, Haskell states, "cooling following the brazing operation" (Haskell, column
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`1, lines 38—41), which also clearly implies that brazing is carried out at an elevated
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`temperature (hence the necessity to cool following the brazing process).
`
`Appellants argue, “obviousness can not be established by hindsight combination
`
`to produce the claimed limitation" (Appeal Brief, page 6). The examiner disagrees that
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`the obviousness type rejection set forth with regard to claims 7, 8, and 10—1 3 is based
`
`on hindsight.
`
`In response to Appellants’ argument that the examiners conclusion of
`
`obviousness is based upon improper hindsight reasoning, it must be recognized that
`
`any judgment on obviousness is in a sense necessarily a reconstruction based upon
`
`hindsight reasoning. But so long as it takes into account only knowledge which was
`
`within the level of ordinary skill at the time the claimed invention was made, and does
`
`. not include knowledge gleaned only from the appellants' disclosure, such a
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`reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA
`
`1971). As stated in the Final office action:
`
`Haskell discloses alloys' for brazing purposes to unite steel-
`supporting bodies (Column 1,
`lines 1-5). Haskell‘s alloy consists of the
`following composition ranges: silver 47.5 to 58%, copper 36 to 47%, nickel
`lines 1-7).' The
`2.5 to 9%, and manganese tr.
`to 3% (Column 2,
`composition ranges for
`silver and copper as disclosed by Haskell
`anticipate the ranges disclosed by the [Appellant]. The composition range
`for manganese as disclosed by Haskell encompasses the majority of the
`[Appellants'] claimed-range, and Haskell’s nickel composition range
`encompasses 2.5% as is also disclosed by the [Appellant]. Furthermore,
`Haskell discloses that a f‘high melting point
`is necessary” for brazing
`(Column. 1,
`lines 28-29).
`Because [Appellants'] braze material
`is
`substantially. the same as the instant invention's,
`it would have been
`obvious to one having ordinary skill in the art at the time of the invention to
`modify Haskell's
`invention» to arrive at
`[Appellants’]
`claimed high.
`temperature range of 900 to 1050 °C to sufficiently melt
`the said
`composition of brazing material in order to create a firm bond between the
`steel parts to be joined together (Column 1, lines 42-44).
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`.
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`Page 10
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`In the instant case. it is the examiner’s position that the obviousness established
`via Haskell is not based on hindsight. No knowledge was gleaned from Appellants'
`
`disclosure in the determination of obviousness. Only knowledge within the level of
`
`ordinary skill in the art at the time of invention was made since‘the rejection was based
`
`on Haskell (US 2,303,272). Additionally, the'examiner would like to note that the
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`motivation to combine (i.e. to. sufficiently melt the said composition of brazing material in
`
`order to create a firm bond between the steel parts to be joined) came from Haskell and
`not from Appellants’ disclosure.
`.
`
`Appellants next argue that “Haskell does not teach or suggest the claimed
`heating step... in particular, Haskell does not teach or suggest heating the article and
`the brazing material" (Appeal Brief, page 6). The examiner disagrees. The examiner
`would like to point out that Haskell meets the claim limitation for “heating the article" by
`stating. “cooling following the brazing operation" (Haskell, column 1, lines 38-41). This.
`teaching clearly implies that heating‘of the bodies (articles) occurred during the brazing
`process (hence the necessity to cool following the brazing process). Haskell also meets
`the claim limitation for “and heatingthe brazing material" via teaching the properties of a '
`
`good brazing material (Haskell, column 1, lines 54-60) and refers to elements which are
`
`undesired because they lower the melting point of the brazing composition; thus, further
`implying that the brazing composition is heated to a melting temperature during the
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`brazing step (Haskell, column 2, lines 19-25). Furthermore, the examiner points out that
`
`brazing is a well known process to one of ordinary skill in the art, and the steps of
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`brazing include “the assembled parts and brazing filler metal reach a temperature high
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`’
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`-
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`‘
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`enough to melt the filler metal but not the parts" (Schwartz, p. 110, col. 1, Mechanics of
`
`Brazing). Thus, Haskell’s general teaching of a brazing process necessarily includes
`
`the general teaching of brazing which includes heating both the articles to be joined and
`
`the brazing material until the brazing material melts and joins, the articles together.
`
`Appellants argue, "Haskell does not teach or suggest heating the article and the
`
`brazing material to a temperature within the claimed range" and states that, “Haskell is
`
`totally silent on the issue of how his alloy would be used in a brazing method" (Appeal
`
`Brief, page .6). 'The examiner agreesthat Haskell does not teach the temperature range
`
`for heating as claimed by the appellants, but the examiner disagrees that Haskell does
`
`not suggest the claimed temperature range for brazing substantially similar if not
`
`l-iaskell’s brazing composition contains substantially the
`identical brazing compositions.
`same composition of elements as the appellants' brazing composition, and more
`
`importantly certain combinations of the ranges could contain the same composition as
`Appellants' brazing material. ‘i'hus, within the same brazing environment (i.e. vacuum,
`inert, pressure conditions, etc.), a substantially similar brazing composition or the exact
`
`same brazing composition would reach the same melting temperature range. As
`
`pointed out above. it is well known by one of ordinary skill in the art at the time of the
`
`invention that brazing entails heating the article and brazing material to the melting
`
`temperature of the brazing material. allowing it to form a bond, and then cooling it to
`
`complete the bonding/brazing process (see Schwartz, p. 110, Mechanics of Brazing and
`
`pp. 116-118, Elements of the Brazing Process). Appellants also argue that "it is well
`
`established that the mere fact that the prior art could be modified as proposed by the
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`examiner is not sufficient to establish a prima facie case of obviousness," and states
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`that “in this case, the Examiner‘ha‘s not explained why the prior art would have
`suggested the desirability of using the claimed temperature range" (Appeal Brief, page
`
`7).. The examiner disagrees and would like to point out the fact that identical
`
`'
`
`compositions of materials within the same brazing material. placed on the same
`
`material articles, in the same environment, will melt at the same temperature based on
`
`ordinary knowledge in the art. Thus, substantially similar compositions of materials
`
`within a brazing material (variations of the ranges presented), placed on substantially
`
`-
`
`the same material articles (in this case. steel), in the same environment, will melt within
`' substantially the same temperature range. Also, the examiner would like to point out
`- that the appellants have not claimed the .“desirability” (that is argued) cf the claimed
`temperature range; therefore, the examiner disagrees with the appellants' suggestion '
`
`that the desirability of the instant inventions temperature. range would be any different
`than that of Haskell which teaches brazing on ferrous (steel) articles utilizing the same
`brazing composition and therefore encompasses the temperature for melting the
`
`particular brazing composition. The examiner disagrees with the appellants’ suggestion
`
`that, “one could perform the brazing operation using the Haskell alloy at a temperature
`outside the claimed range" (Appeal, Brief, page 7) based on. the knowledge of one of
`
`ordinary skill in the art that brazing processes are performed to the melting temperature
`of the brazing material but not the'parts to be joined (Schwartz. p. 110, Mechanics of
`Brazing) and the composition of Haskell’s alloy is substantially similar if not identical to
`
`the composition of the instant claims;
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`

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`Appellants then argue that there is no evidence to support the examiner's
`
`conclusion that since both alloys have similar compositions, they both have melting
`temperatures in the claimed range (Appeal brief, page 7). The examiner disagrees for
`
`all reasons stated above with regard to the general underStand of brazing (evidence
`provided via Schwartz in the ASM Handbook-Volume 6). Also, in order to further make
`this point'clear the examiner would like to provide an example with respect to the
`
`claimed ranges of compositions and Haskell’s ranges. Based on the ranges provided in
`
`. claims 7 and 14, a possible combination of the elements can be 54 wt% silver (Ag), 42
`wt% copper (Cu), 2.5 wt% nickel (Ni), and 1.5 wt% manganese (Mn). This is'also a
`possible combination of the four elements disclosed by Haskell in column 2. Both the
`appellants' and Haskell braze. the material combination on ferrous bodies (Haskell's
`
`disclosure of steel suggests a ferrous body). Therefore, under the same '
`conditibns/environment, both the appellants’ combination and Haskell's combination of
`
`elements would have the same melting temperature which is also well known in the art
`to be the brazing temperature sufficient to form a good bond (see the reference to
`SchWartz in the response above)... For various elemental combinations of Appellants'
`claimed braze alloy and various elemental combinations of Haskell's taught braze alloy‘,
`the brazing temperatures (melting temperatures) will be substantially similar and
`
`therefore obviously lie within a substantially similar range of temperatures. Thus, it is
`
`the examiner's position that Haskell clearly suggests a specific temperature range for
`
`brazing with respect to the specific ranges of elements disclosed for the brazing
`
`material.
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`

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`The appellants also argue that, “it should not go unnoticed that the Leach patent
`relied upon by the Examiner relates to an alloy similar in composition to Haskell's alloy"
`and “the Leach alloy is reported as having a melting point of 1375 °F and a use
`temperature below about 1500 °F (815.55 °C)" (Appeal Brief, pages 7-8). The
`
`appellants argue this point with the position that Leach then suggests the possibility for
`
`‘ Haskell's alloy to melt and be used at temperatures outside of the claimed range
`
`(Appeal Brief, page 8). The examiner disagrees. The examiner would like to note that
`
`the "possibility” of Haskell’s alloy to melt at temperatures outside of the claimed range
`does not remove any “possibility" that Haskell's alloy would melt within the claim range.
`
`Furthermore, the examiner points out that although the Leach alloy is similar to that of
`Haskell, it is not substantiallysimilar enough to arrive at the appellants’ allegation. First,
`
`Leach discloses ranges for silver and copper that are wider than that of Haskell.
`Second, Leach has much more manganese content (5-15 wt%) than disclosed by
`Haskell (trace to 3 wt%) and claimed-by the appellants’ (0.5-5.5 wt%); thus, this
`
`significant difference could possibly. result in a significant difference in melting ‘
`temperature (as demonstrated by Leach). Third, Leach includes silicon in each
`
`example, which could also contribute to the temperature difference of the compositions
`
`disclosed by Haskell and compositions disclosed by Leach.
`
`Appellants argue that the examiner misses the critical-point that Haskell “is not
`
`just joining any two materials" but “Haskell is joining a steel support to metal carbide
`
`bodies and uses an alloy specifically designed to do that" (Appeal Brief, page 8).. The
`
`examiner agrees. However, the eXaminer would like to point out that the instant claims
`
`

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`'
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`Page 15
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`broadly claim “providing an article formed from a ferrous material" (claims 7 and 10),
`
`and then define the ferrous'rnaterial tobe "steel" (claim 13). Haskell Clearly discloses a
`ferrous material by disclosing the attachment of the specific brazing material to steel
`supporting'bodies (Haskell, column 1, linesA1-5). Appellants then argue that “the issue
`
`is what temperature would be used to join the hard metal carbide body to a steel body
`
`and how would the brazing material be applied" (Appeal Brief, page 8). The examiner
`disagrees based on the clear understanding of the brazing process discussed above.
`
`The examiner understands that an upper limit for temperature of the brazing process
`
`must be lower than the melting temperature of the articles being joined, so in this
`respect the articles joined play a roll in the temperature range; however, the melting
`temperature of the brazing materialmust always be reached in order to properly
`braze/bond articles. Therefore, the ranges for Haskell's alloy would necessarily include
`
`the melting temperature of the brazing alloy and therefore fall within the claimed range
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`of the appellants (based on the discussion above regarding melting temperatures of
`similar or same alloy compositions). Also, Haskell's disclosure of brazing composition
`bonded to the steel supporting bodies, regardless of the carbide bodies, clearly
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`encompasses the appellants' general claim for brazing on articles formed from ferrous
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`materials.
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`Appellants then agree that a reference may be relied upon for all that it would
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`have reasonably suggested to one having ordinary skill in the art including non-
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`preferred embodiments; but argue that “the problem with Haskell is that it does not
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`contain any teachings or suggestions relating to the claimed heating step" (Appeal Brief,
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`Application/Control Number; 11/_1_85,619
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`Page 16
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`Art Unit: 1725
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`pages 8-9). The examiner disagrees for all reasons previously stated above and netes
`that Haskell sufficiently suggests the claimed heating step by merely disclosing a
`brazing process for bonding the brazing alloy to steel bodies. Again, based on the plain
`meaning of ‘lbrazing" it is well knownby on of ordinary skill in the art includes a heating
`step which heats the articles and brazing materials only enough to melt the brazing
`material and achieve a good bond between articles (see schwartz, p. 110, Mechanics of
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`Brazing; p. 116, Elements of the Brazing Process; p. 117-118, Filler-Metal
`Characteristics; and p. 120', Temperature and Time). Furthermore, it is well known in
`
`the art that only the brazing filler changes phase during melting/heating; thus the
`
`, temperature ranges are capped before reaching the liquidus point of the articles being
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`joined (see Schwartz, p. 118, column 2).
`Appellants argue with respect to the rejection of Claim 9 as obvious over Haskell
`(Appeal Brief, pages 9-10). The examiner agrees and has withdrawn the rejection of
`Claim 9.
`
`Appellants argue that “Haskell does not teach or suggest, and never would, the
`brazing material applying step of claim 10 and in particular the proportions set forth in
`the claim”. and further states that the “nickel content is outside the nickel range of
`Haskell" (Appeal Brief, pages 10-11)_. The examiner understands that the nickel ranges
`of Haskell are slightly out of range of that claimed by the appellants. However, the
`I
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`examiner disagrees that Haskell does-not suggest the brazing material as stated in
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`claim 10. First, with regard to Appellants' claimed composition the examiner would like
`
`to point out the values for each element. Based on the claim, the elements should be
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`Application/Control Number: 11/185,619
`Art Unit: 1725
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`-
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`.
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`.
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`Page 17
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`within the ranges as follows:’0.5¥5.5 wt% manganese (Mn), 52.92-55.72 wt% silver
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`(Ag). 39.69-41.79 wt% copper (Cu); 1.89-1.99 wt% nickel (Ni). These range values
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`were determined by the appellantsflclaim to have 36% silVer, 42% copper, and 2%
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`nickel in the remaining portion of the alloy having 05-55% manganese. Thus, for
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`example one combination of the claimed composition could be 54 wt% Ag, 41.01 wt% ~
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`Cu, 1.99 wt% Ni, and. 3.wt% Mn. The examiner concluded that such a small difference
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`(0.51 wt% difference between 1.99 wt% Ni'and 2.5 wt% Ni) in the range of nickel
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`' content with respect to this particular brazing alloy is negligible with regard to the
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`brazing conditions of the alloy. Thus, it would have been obvious to one of ordinary skill
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`in the art to modify the invention of Haskell to include the wider range of nickel including
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`a lower value encompassing 1.99 wt% Ni of the total brazing alloy in order to obtain
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`desirable high wetting ability so that a firm bond can'be created between the steel parts-
`
`It is also the examiner’s pOSition that
`ioined together. (Haskell, column 1",llines 42—44).
`the amounts in question are so-Iclo-Sethat is itprima facieobvious that one skilled in the
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`art would have expected them to have the same properties. Titanium Metals Corp. v.
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`Banner, 227 USPQ 773. Furthermore, within this range Of the brazing composition, the
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`appellants have claimed the same temperature range between 900-1050 °C as claimed.
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`with regard to the claimed compositions including up to about 2.5% Ni in claims 7 and
`14. Thus. the examiner understands even this slight 0.51 wt% difference in nickel
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`between claims 7 and 10 does not lead to any significant temperature changes when
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`brazing on ferrous articles -or any significant compositional changes that would affect
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`Page 18
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`brazing in an adverse or different manner than the brazing material of Haskell and claim
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`7.
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`Appellants argue the merits of claim 8 noting that “there is nothing in Haskell
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`which teaches or suggest heating the article and the brazing material” (Appeal Brief,
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`page 11). The examiner disagrees, The examiner would like to point out that Haskell
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`meets the claim limitation for “heating the article" by stating, “cooling following the
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`brazing operation" (Haskell, column 1, lines 38—41). This teaching clearly implies that
`heating of the bodies (articles) occurred during the brazing process (hence the
`.
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`necessity to cool following the brazing process). Haskell also meets the claim limitation
`for “and heating the brazing material” via teaching the properties of a good brazing
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`V
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`material (Haskell, column 1, lines 54-60) and refers to elements which are undesired
`because they lower the melting point of the brazing composition; thus, further implying
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`that the brazing composition is heated to a melting temperature during the brazing step
`(Haskell, column 2, lines 19-25). Furthermore, the’examiner points out that brazing. is a
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`well known process to one of ordinary skill in the art, and the steps of brazing include
`"the assembled parts and brazing filler metal reach a temperature high enough to melt
`the filler metal but not the parts" (Schwartz. p. 110, col. 1, Mechanics of Brazing). Thus,
`Haskell's general teaching of a brazing process necessarily includes the general
`teaching of brazing which includes heating both the articles to be joined and the brazing
`material until the brazing material melts and joins the articles together.
`
`Appellants then argue that Haskell fails to teach or suggest the claimed heating
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`step of claim 14 (Appeal Brief, page 12). The examiner disagrees. Haskell states, “this
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`Application/Control Number: 11/185,619
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`invention relates to alloys particularly suited for solder and brazing purposes, and is
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`concerned more particularly with the novel alloy especially adapted for uniting metal
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`carbide-containing bodies to steel-supporting bodies’? (Haskell, column 1, lines 1-5).
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`The. simple definition of brazing implies that heating must occur at a temperature high
`
`enough to melt the brazing material (see Schwartz, p. 110, column 1, Mechanics of
`Brazing); thus, it is clearly implied by Haskell's disclosure of brazing in order “unite"
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`bodies (including ferrous steel'bodies) that heating must occur during the brazing
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`process. Also, Haskell states, “cooling following the brazing operation” (Haskell, column
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`‘ 1, lines 38-41), which also clearly implies that brazing is carried out at an elevated '
`temperature (hence the necessity to cool following the brazing process).
`