Appeal No. 95-4209
Application No. 07/862,486
molybdenum “should be added in a large amount.” See page 10.
Moreover, boron is employed to strengthen “the crystalline
interface” and improve “the high-temperature strength and
ductility.” See page 12. Consistent with this disclosure,
Tsuji exemplifies alloys which all have cobalt, molybdenum,
tungsten and boron or at least cobalt and molybdenum. See
page 15, Table 1. Thus, when Tsuji is considered in its
entirety, it would have suggested to one of ordinary skill in
the art that at least some amounts of cobalt and molybdenum
are required in Tsuji’s alloy.
The dispositive question is, therefore, whether it would
have been obvious to eliminate cobalt, molybdenum, tungsten
and boron, along with their attendant properties. As a
general rule, the omission of a component, and its function
from a composition is prima facie obvious as a matter of
simplification and/or economics. Compare In re Thompson, 545
F.2d 1290, 1294, 192 USPQ 275, 277 (CCPA 1976); In re Kuhle,
526 F.2d 553, 555, 188 USPQ 7, 9 (CCPA 1975). However, as
indicated supra, cobalt, molybdenum, tungsten and boron impart
significant properties to the alloy described in Tsuji.
Although it may be possible that one of ordinary skill in the
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