Appeal No. 2005-0567
Application 10/280,391
elements of vanadium (V), copper (Cu) and yttrium (Y) at col. 2, ll. 9-10 of Sekino, the last three
elements not specified in the appealed claims. With respect to the latter limitation in the
reference, we find that one of ordinary skill in this art routinely working within this teaching of
the reference can select Nb, Ta, Ti and Al in amounts falling within in the weight ranges in the
claims, or in the case of Ta, in an amount close to the amount in claim 5, and as desired, can
select none, one or more of V, C, and Y in amounts up to the amount limitation for each element
and the limitation on the total amount of these seven elements.
We find that zirconium (Zr) is present in the claimed compositions in the range of “zero”
to about 0.0999 percent (see above p. 4) while this element is present in the range of 0.001 to
about 6.0 percent in Sekino. Thus, the claimed range overlaps the lower end of the range of the
reference. We observe that there is no disclosure in the written description in appellants’
specification of an amount of Zr that is less than the amount of 0.001 percent, the lower end of
the range in the reference. We interpreted claim 5 above to include the same weight percent
range of this element as claim 1.
We further find that the appealed claims specify that iron (Fe) must be present in the
range of about 6 to about 12 percent while this element is disclosed to constitute the “balance” of
the alloys of Sekino. The last specified element of the claimed compositions is nickel (Ni) which
forms the “balance” of the claimed compositions, and is present in the range of 22.0 to 80.0
percent in the alloys of Sekino. Considering first Fe, we find from a review of the weight
percent ranges of the elements in the alloys of Sekino col. 2, l1. 1-11, that the “balance” of this
element can cover a broad range which would encompass the range specified in the appealed
claims, that is, the range of Fe in the claimed compositions falls within the range for this element
in the teachings of Sekino. Indeed, while the “balance” amount of Fe is about 50.94 percent in
Sekino Example B, which contains 20.0 percent Ni, in Sekino Examples E, F, G, J and K, which
contain 50.0 percent or 75.0 percent Ni, the “balance” ranges from about 7.32 to about 7.90
percent. Thus, we determine that one of ordinary skill in this art can determine the “balance” of
Fe which can be used in the alloys, and that amount can fall within the range of from about 6
percent to about 12 percent for this element in claims 1, 2, 6 and 12, and encompasses the
amount of Fe in claims 3 through 5 and 9 (see above p. 4).
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