Appeal No. 1997-2958 11
Application No. 08/401,719
53 that a cold rolling rate of at least 30% is desired. Komatsubara also states that if the rolling rate is
too low, recrystallized grains sometimes become too coarse to provide superplasticity.
We agree with the examiner that adjusting the rolling rate to optimize the size of the grains and
the level of superplasticity would have been a matter of routine experimentation. In re Aller, 220 F.2d
454, 456, 105 USPQ 233, 235 (CCPA 1955)("[W]here the general conditions of a claim are
disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine
experimentation.").
As stated above, appellants also argue that Komatsubara does not teach the claimed final
annealing processing parameters. After casting and rolling, appellants’ alloy plate is annealed. In
rejecting the claims, the examiner discusses the following passage of Komatsubara from the paragraph
bridging columns 7 and 8:
The final step is annealing, but optional. In practice, superplastic forming uses a
temperature of 350° to 560°C. Since recrystallization can take place during heating
to the superplastic forming temperature so that superplasticity is developed, the strip
manufacturing process need not necessarily include final annealing. In general,
however, final annealing is often effected to insure a recrystallized structure. Either
continuous or batchwise annealing may be employed, with the continuous annealing
being somewhat advantageous for superplasticity. The batchwise annealing is at 250°
to 400°C. for ½ hour or longer, and the continuous annealing is at 35° to 550°C.
without holding or for at most 180 seconds.
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