Appeal 2007-2207
Application 10/181,810
the claimed subject matter would have been obvious to one of ordinary
skill in the art within the meaning of § 103 in view of the applied prior art.
Accordingly, we will sustain the Examiner's rejection for the reasons set
forth in the Answer, and we add the following primarily for emphasis.
There is no dispute that JP '226, like Appellants, discloses a high-
strength dual-phase cold rolled steel sheet comprising ferrite and martensite
phases and comprising amounts of carbon, silicon, manganese, aluminum,
and nitrogen in amounts that either embrace or considerably overlap the
claimed ranges for these elements. Also, as acknowledged by Appellants,
the reference expressly teaches that the alloy may comprise other elements,
such as V, for promoting the formation of the composite structure and
improving the mechanical properties thereof (see page 12 of translation, last
para.). In addition, JP '131 discloses that the claimed amounts for Nb, Ti
and V can be included in a similar cold rolled sheet of steel to enhance its
strength. Consequently, based on the collective teachings of JP '226 and
JP '131, we fully concur with the Examiner that one of ordinary skill in the
art would have found it obvious to formulate a sheet of cold rolled steel from
alloys within the scope of the appealed claims. Notwithstanding Appellants'
argument to the contrary, we are satisfied that the claimed invention, as a
whole, would have been obvious to one of ordinary skill in the art when
considering the prior art as a whole.
Appellants point out that neither Ti nor Nb is disclosed by JP '226,
and it is apparent that neither V, Ti nor Nb are necessary in the steels of JP
'226 to achieve a high r-value. However, while it certainly is the case that
JP '226 provides no teaching that these elements are necessary in the
disclosed alloys, the issue is whether one of ordinary skill in the art would
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