Appeal No. 2005-0567
Application 10/280,391
that can be included in the “composition” by reason of the term “consisting essentially of.” We
point out that it is the “composition” as a whole that is being claimed in each of these claims in
terms of the individual weight percent range or value of each of the elements thereof, and not the
weight percent range or value of an element per se. We note that the same “composition” is
recited in independent claims 1, 6 and 12, and in dependent claims 4 and 9, with a different
“composition” recited in each of dependent claims 2, 3 and 5. Claims 7, 8, 10, 11, and 15
require the same “composition” as the claims on which they depend. Thus, we interpret the
“composition” specified in the appealed claims only with respect to claims 1 through 6, 9 and 12.
Each of claims 1, 6 and 12, and thus claims 3 and 4, specify that the element tantalum can
either be absent or present in view of the range of “ from zero to about 2 percent,” except that in
claims 2 and 5, dependent on claim 1, the “content” range is “less than about 1 percent” and
“less than about 0.01 percent,” respectively, with the lower end of these two ranges being “zero”
in view of the language “less than.” Thus, the claimed weight percent for tantalum is in the
range of “from zero to about 2 percent” in claims 1, 3, 4, 6 and 12, of “zero” to about 0.999
percent in claim 2, and of “zero” to about 0.00999 percent in claim 5. Claim 3 contains the
limitation that the “total of iron plus cobalt is from about 17 to about 19 percent,” each of which
elements is specified in claim 1 to be present in the amount of “from about 6 percent to about 12
percent,” and thus, the limitation of claim 3 specifies that at least about 6 weight percent of each
of iron and cobalt must be present, with the remaining about 5 to 7 weight percent of the
limitation made of up either or both of these elements, mindful that no more than 12 weight
percent of either element can be present. In claims 4 and 9, the iron “content” is in the range of
“from about 8 percent to about 9.5 percent.” Claim 5 delimits the “content” range of the
stated elements from that specified in claim 1. Claim 5 does not specify the amount of
zirconium, nickel and impurities contents which are specified by claim 1, and thus, the
compositions of matter encompassed by claim 5 must comply with the claim 1 limitations of
“less than about 0.1 percent zirconium,” which, of course, includes “zero” zirconium, and the
“balance nickel and impurities.” With respect to zirconium, the claimed weight percent range is
“zero” to about 0.0999 percent.
We determine on this record that the term “about” reasonably opens the specified weight
percentage ranges at the end(s) where it appears. See Pall Corp. v. Micron Separations Inc.,
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