Appeal No. 95-4209
Application No. 07/862,486
The subject matter on appeal is directed to an austenitic
nickel-chromium-iron alloy consisting of particular amounts of
specific constituents. This subject mater is adequately
described in the broadest claim on appeal, claim 1, which is
reproduced below:
1. An austenitic nickel-chromium-iron alloy consisting
of (details in % by weight):
carbon : 0.12 to 0.30 %
chromimum : 23 to 30 %
iron : 8 to 11 %
aluminum : 1.8 to 2.4 %
yttrium : 0.01 to 0.15 %
titanium : 0.01 to 1.0 %
niobium : 0.01 to 1.0 %
zirconium : 0.01 to 0.20
%
magnesium : 0.001 to 0.015%
calcium : 0.001 to 0.010%
nitrogen : max 0.030%
silicon : max 0.50 %
manganese : max 0.25 %
phosphorous : max 0.020%
sulphur : max 0.010%
nickel : residue
including unavoidable impurities.
As acknowledged by appellant (Brief, page 2), the transitional
phrase “consisting of” in claim 1 precludes the presence of
other constituents which are not specifically recited.
Claims 1, 2, 4 and 5 stand rejected under 35 U.S.C. § 103
as unpatentable over the disclosure of Japanese Kokai patent
2
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