Appeal No. 1997-0375
Application No. 08/287,473
combination with Ti and Nb, the specification further teaches
at page 16 that the amount of B should not exceed 0.001 wt%.
Again, this is in contrast to Kawano's specific disclosure
that a B content less than 0.002 wt% results in the desired
effects not being obtained (column 5, lines 29 and 30).
JP '326, relied upon by the examiner for its teaching of
temper rolling at a reduction of 1.5-10%, does not alleviate
the deficiencies of Kawano outlined above.
Inasmuch as we find that the prior art applied by the
examiner fails to establish a prima facie case of obviousness,
we find it unnecessary to evaluate the probative weight of the
declaration evidence submitted by appellants.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
MARC L. CAROFF )
Administrative Patent Judge )
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EDWARD C. KIMLIN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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