Appeal No. 2001-1464 Page 5
Application No. 09/141,499
extremely fine and stable grain size, which is readily produced by powder metallurgy
3
technicians. There is no indication in Okada that the material of the tube from which the T-
joint is made is capable of exhibiting superplastic behavior at any temperature, let alone at
the working temperature at which the process is carried out. In fact, Okada expressly
refers to the deformation which occurs during the process as “plastic deformation” (column
2, lines 48 and 52). Thus, Okada cannot be considered to teach a step of heating the part
to a temperature at which the material of which the part is made exhibits superplastic
properties, as required in each of claims 1, 15 and 32.
o o
We recognize that (1) the working temperature of 900 C (1652 F) disclosed by
Okada for the exemplary material of carbon steel is approximately the superplastic forming
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temperature (about 1650 F) for 6-4 titanium alloy disclosed in appellant’s specification
(page 12, lines 25-26) and (2) Okada’s invention can be applied to the case where a T-
joint is manufactured using any metal pipe or alloy pipe (column 5, lines 39-43). We agree
with appellant (reply brief, page 3), however, that the general statement in Okada that any
metal or alloy can be used is not a specific disclosure of using a superplastic material and
certainly not a disclosure of heating a superplastic material to a temperature at which the
material exhibits superplastic properties. Given the very large number of metals and
metallurgical processes for making metals, it is our opinion that one skilled in the art would
“Metal Treatments” 16 Kirk-Othmer Encyclopedia of Chemical Technology, 471 (4 ed., John3 th
Wiley & Sons, Inc., 1995), a copy of which is appended to this decision.
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