Appeal No. 2003-1156
Application No. 09/745,062
decision that "it would have been obvious for one of ordinary
skill in the art to eliminate selenium from a steel alloy of the
type disclosed by Motomura along with its advantage, namely,
enhanced decarburization of properties" (page 5 of Decision,
lines 3-6). The motivation arises from one of ordinary skill in
the art understanding that selenium need not be present when
enhanced decarburization of properties are not necessary.
Accordingly, based on the foregoing, appellants' request is
granted to the extent we have reconsidered our decision, but is
denied with respect to making any change therein.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
DENIED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
PETER F. KRATZ ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
LINDA R. POTEATE )
Administrative Patent Judge )
ECK:clm
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