Appeal No. 95-2721 Page 6
Application No. 08/054,927
% By Weight
Mo (Molybelenum) 11.5% ± 2%
Zr (Zirconium) 6.0% ± 2%
Sn (Tin) 4.5% ± 2%
Ti (Titanium) balance
The appellants argue (brief, pp. 4-5) that Hilgers does
not either expressly or under principles of inherency teach a
titanium alloy including "at least 12 wt% molybdenum to
produce a $-monophase that is stable at body temperature." We
agree. While Hilgers does teach a titanium alloy including
"at least 12 wt% molybdenum," Hilgers does not, either
expressly or inherently, teach to produce that alloy as a $-
monophase that is stable at body temperature. Hilgers is
silent as to whether his titanium alloy is produced as a $-
monophase that is stable at body temperature or not. Since a
titanium alloy can be produced as other than a $-monophase
that is stable at body temperature (e.g., mixed " and $
phases, a $-monophase that is not stable at body temperature,
an "-monophase, etc.), Hilgers does not inherently disclose a
$-monophase that is stable at body temperature.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007