[Jewelry making - Article 00037] - [Orchid] Argentium patent and patent application

[john palmer]

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Hi all,

    Like so many others, I've been experimenting with argentium sterling
    silver, and I'm impressed with the way it works and with the tarnish
    resistance. However, I'm confused by the existing U.S. patent
    6,168,071 issued to Peter Johns and by the current U.S. patent
    application 007000937, also submitted by Peter Johns. I'd like to
    know what other Orchidians think about my concerns. 

    Regarding the patent: 

    The '071 patent is titled: "Method for joining materials together by
    a diffusion process using silver/germanium alloys and a
    silver/germanium alloy for use in the method". 

    The process, as described in the patent, could be the process that,
    on Orchid, has been referred to many times over the years as
    "fusing". I question the novelty of such a process. 

    On the other hand, the process is said to take place at a
    temperature below the solidus temperature of either of the pieces
    being joined. My understanding is that the process at such
    temperatures is not one of diffusion, rather it is sintering. There
    is little or no diffusion involved in sintering. The former is
    atomic or molecular migration from higher concentration to lower
    concentration; whereas, the latter is either surface migration in
    the solid state, or it is surface evaporation/condenstion, from
    regions of high radius of curvature to regions of low radius of
    curvature. (I would expect surface migration to be the dominate
    mechanism for a silver alloy, because it has a low vapor pressure.)
    Sintering is not a new process, either. 

    The possible implications of this patent have me in a quandry. 

    Regarding the patent application: 

    This application pertains to the compositions of the alloys. It
    apparently has received much critical evaluation from USPTO, since
    the first 19 claims have been rejected. Of the remaining claims, I
    was surprised by the possible implication of the claim that any item
    fabricated using any of the specified alloy compositions, without
    license approval from the assignee of the proposed patent (whom, I
    presume, is Mr. Johns since he is the assignee for the '071 patent),
    would be an infringement. I wonder how many people are aware of the
    possible consequences of this claim if it survives examination by
    USPTO. 

John Palmer
Mackinac Designs
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