Ex parte KELLY et al. - Page 9




          Appeal No. 1997-0538                                                        
          Application No. 08/262,168                                                  


               is conducted at a temperature of 2300° F. and argon                    
               pressure of 25 ksi for 4 hours.                                        
                    The alloy is heat treated to a lamellar or                        
               duplex microstructure comprising predominantly gamma                   
               phase as aquiaxed grains and lamellar colonies, a                      
               minor amount of alpha-two (Ti A1) phase and                            
                                            3                                         
               additional uniformly distributed phases that contain                   
               W or Mo or Si, or combinations thereof with one                        
               another and/or with Ti.                                                
                    The heat treatment is conducted at 1650° to                       
               2400° F. for 1 to 50 hours.  A preferred heat                          
               treatment comprises 1850° F. for 50 hours.                             

          The temperature conditions used for the hot isostatic press                 
          and the heat treatment in Larsen appear to be within the                    
          claimed temperature conditions since they are below 1340 to                 
          1400 C which according to page 3, lines 38-40, of Kim, areo                                                                      
          generally considered as the alpha-transus temperature of these              
          types of alloys.  The resulting gamma titanium aluminide                    
          products, like appellants’ gamma titanium aluminide product,                
          have improved ductility, strength, toughness and creep                      
          resistance.  Compare, e.g., Kim, column 2, lines 4-30, and                  
          Larsen, column 3, lines 6-15, with specification, pages 1 and               
          2.                                                                          
               Given the substantial identity between the claimed gamma               
          titanium aluminide and the gamma titanium aluminide described               
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