Ex parte KELLY et al. - Page 14




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


                 size by at least 50%.   See column 4, lines 3-7.  Reducing the1                                                                                                
                 size of the titanium aluminide alloy (making it more compact)                                                                          
                 through shaping necessarily requires reduction of its voids or                                                                         
                 porosity.  In other words, we agree with the examiner that the                                                                         
                 shaping step described in Kim is encompassed by the                                                                                    
                 consolidation step recited in claim 1.                                                                                                 
                          Appellants argue that Kim does not disclose the claimed                                                                       
                                                                                           o                          o                                
                 heat treating temperature, i.e., about 5 F to about 300 F                                                                              
                 below the alpha transus temperature of the alloy.  See Brief,                                                                          
                 pages 15-16.  However, we find that the heat treating                                                                                  
                 temperature, namely about the alpha-transus temperature                                                                                
                 described at column 2 of Kim, embraces the claimed heat                                                                                
                 treating temperature.  Indeed, we find that Kim teaches at                                                                             
                 column 4, lines 11-13, heat treating a shaped titanium                                                                                 
                                                                           o                     o                  o                                   
                 aluminide alloy between about 5 C (between 5 F and 300 F)                                                                              
                 below to 20 C above the alpha-transus temperature of theo                                                                                                                
                 alloy.  Accordingly, we determine that the use of the workable                                                                         
                 or optimum heat treating temperature condition taught in Kim                                                                           

                          1According to page 303 of Webster’s II New Riverside                                                                          
                 University Dictionary, attached herewith, the term                                                                                     
                 “consolidation” means “form into a compact mass” or “become                                                                            
                 united”.                                                                                                                               
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