Ex parte MIYAKE - Page 5

                  Appeal No. 1996-1573                                                                                                                    
                  Application No. 08/186,160                                                                                                              


                  warrant the conclusion that the prior art alloys necessarily or inherently possess the                                                  
                  claimed properties.  Accordingly, the examiner has not made out a prima facie case of                                                   
                  obviousness for the claimed invention.                                                                                                  
                           Based on the foregoing, we are constrained to reverse the examiner's rejections.                                               
                                                                    REVERSED                                                                              



                                    EDWARD C. KIMLIN                                      )                                                               
                                    Administrative Patent Judge                           )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                                                                          )   BOARD OF PATENT                                             
                                    JOHN D. SMITH                                         )     APPEALS AND                                               
                                    Administrative Patent Judge                           )    INTERFERENCES                                              
                                                                                          )                                                               
                                                                                          )                                                               
                                                                                          )                                                               
                                    PETER F. KRATZ                      )                                                                                 
                                    Administrative Patent Judge                           )                                                               


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