Appeal No. 2005-0567
Application 10/280,391
heat resistant nickel alloys having excellent hot workability that are castable. Indeed, Sekino
would have disclosed to one of ordinary skill in this art the function of the elements of the alloys
in these respects (cols. 1-4 and the Examples).
The hot working disclosed in Sekino includes processes wherein the “alloys are usually
deformed at high temperatures (hot worked) . . . [by] a working method which makes use of the
character of the alloys that they soften at high temperatures . . . [such] that products of good
dimensional accuracy can be easily obtained by small working power” (col. 1, ll. 6-15). Sekino
discloses that “conventional alloys have a vital defect that they are susceptible to hot work
cracking” and that the disclosed alloys overcome such defects (col. 1, ll. 16-47). Sekino
discloses that certain elements provide the disclosed alloys with improved hot workability at
temperatures of from 1,100°C to 1,150°C, that is 2,012°F to 2,102°F (e.g., col. 3, ll. 43-47, and
col. 3, l. 65, to col. 4, l. 5). Sekino discloses several “ordinary production methods which
includes melting and refining” that produce cast articles which “may be subjected to temper
treatments” (col. 4, ll. 43-62, and the Examples, cols. 5-6).
Upon comparing the claimed compositions encompassed by claims 1 through 6, 9 and 12
as we have interpreted these claims above, with the heat resistant nickel alloys thus set forth at
col. 2, ll. 1-11, we find that the claimed weight percent ranges for each of chromium (Cr), cobalt
(CO), molybdenum (Mo), carbon (C) and boron (B) fall within the weight percent ranges for
these elements in Sekino. The claimed weight percent ranges for each of niobium (Nb), titanium
(Ti) and aluminum (Al) also fall within the weight percent ranges for the respective elements in
the reference. The claimed weight percent for tantalum (Ta) in claims 1, 2 through 4, 6, 9 and 12
(see above p. 4) overlaps with the weight percent range for this element in Sekino, while there is
a minor difference between the upper limit of about 0.00999 percent of the range of claim 5 and
the lower limit of 0.05 percent of the range in Sekino of about 0.04001 percent. We find no
disclosure in the written description in the specification of an amount of Ta less than the amount
of about 0.00999 percent.
The total weight percent range for the elements Nb, Ta, Ti and Al in claims 1, 3, 4, 6,
9 and 12 is about 5.85 percent to about 9.35 percent, in claim 2 is about 5.85 percent to about
8.349 percent, and in claim 5 is about 6.50 to about 6.5099 percent, each of which ranges falls
within the weight percent range of 0.05 to 10.0 percent for these four elements and the additional
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