Appeal No. 95-4209
Application No. 07/862,486
application 61-79742 published on April 23, 1986 (hereinafter
referred to as “Tsuji”) . 2
We reverse.
As apparent from Appendix II supplied by appellant, Tsuji
describes an alloy having the claimed constituents in
proportions that overlap with those claimed, in addition to
having cobalt, molybdenum, tungsten and boron. See also page
2. As far as the claimed proportions are concerned, we concur
with the examiner that it would have been prima facie obvious
to an artisan with ordinary skill to employ the claimed
proportions of the claimed constituents in the alloy described
in Tsuji with a reasonable expectation of successfully
obtaining an alloy having excellent high temperature strength
and economical efficiency. See In re Woodruff, 919 F.2d 1575,
1578, 16 USPQ2d 1934, 1936-37 (Fed. Cir. 1990); In re Boesch,
617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980); In re Aller,
220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). However, as
indicated by appellant, we do not believe that Tsuji’s
2Reference to this published Japanese patent application
is to the corresponding English translation which is attached
herewith.
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