Ex Parte Yamadera et al - Page 3

                Appeal 2007-2242                                                                                 
                Application 10/352,997                                                                           
                       Applicants argue the claims in four separate groups: (i) Claims 1, 2, 3,                  
                and 9; (ii) Claims 4, 10, and 11; (iii) Claims 5, 7, 12, and 14; and (iv) Claims                 
                6, 8, 13, and 15.  Claims 1 and 2 are the only independent claims on appeal                      
                and have been grouped together by Appellant.  If there is no support for the                     
                rejection against Claim 1, the broadest claim, then all other claims stand                       
                with Claim 1.  Claim 1 is transcribed below (Br. app. A):                                        
                       1. A duplex stainless steel for use in urea manufacturing plants, in                      
                       mass %, consisting of C: 0.03% or less, Si: 0.5% or less, Mn: 2% or                       
                       less, P: 0.04% or less, S: 0.003% or less, Cr: 26 % or more, but less                     
                       than 28%, Ni: 7.3-10%, Mo: 0.2-1.7%, W: more than 2%, but no more                         
                       than 3%, N: more than 0.3%, but no more than 0.4%, with the balance                       
                       being Fe and impurities, in which the content of Cu as an impurity is                     
                       no more than 0.1%.                                                                        

                                   Findings of Fact Relating to Obviousness                                      
                       1. According to Lee, there are (circa 1996) two general classes of                        
                duplex stainless steel, UNS 31803, which is 21-23 w% Cr, and SAE 2507,                           
                which is 24–26 w% Cr (both have several other required ranges of various                         
                components).  (Lee, p. 2, ll. 18–22.)                                                            
                       2. Lee's aim is to provide a duplex stainless steel that is superior in                   
                hot ductility and high temperature oxidation resistance, while maintaining                       
                the corrosion resistance and phase stability of heat-affected zones.  (Lee,                      
                p. 3, ll. 6–8.)                                                                                  
                       3. Lee, the only applied prior art, describes a duplex stainless steel                    
                comprising in weight %: less than 0.03% of Carbon (C), less than 1.0% of                         
                Silicon (Si), less than 2.0% of Manganese (Mn), less than 0.04% of                               
                Phosphorus (P), less than 0.004% of Sulfur (S), less than 2.0% of Copper                         
                (Cu), 5.0-8.0% of Nickel (Ni), 22-27 % of Chromium (Cr), 1.0-2.0% of                             


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