Appeal No. 1997-4283
Application No. 08/342,695
support the myriad of alloys covered by the appealed claims.
Clemens, 622 F.2d at 1035, 206 USPQ at 296. Appellants have
not demonstrated that the unexpected improvements attributable
to the alloy tested in the Koch declaration are attributable
to those claimed alloys containing either no or only some of
strontium, iron, copper, zinc, titanium and zirconium. The
need for a broader and more representative showing is even
more compelling in view of appellants’ own argument regarding
the effect of the presence of certain proportions of certain
alloy components, such as zirconium and strontium, in the
claimed alloy. See Brief, page 8.
In view of the foregoing, appellants’ request for
rehearing is granted to the extent of reconsidering our
earlier decision entered May 29, 2001, but is denied with
respect to making any changes thereto.
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