Appeal No. 2001-2557
Application No. 08/888,996
Appellants maintain that “the generally recognized melting
points of stainless steel superalloys such as Inconel and Haynes
brand superalloys is less than 1700ēC and also more specifically
in the range of somewhat less than 1550ēC” (page 6 of brief, last
paragraph). Appellant also submits that “[i]t is also believed
that the upper limitation on the melting point of the ductile
metallic array is by implication set forth as a result of the
firing temperatures stated in the specification for example at
Page 8" (id).
Although the melting point of the Inconel and Haynes brand
superalloys may be less than 1700ēC and 1550ēC, appellant is
claiming a broad range of temperatures that are not described in
the original specification. In re Wertheim, 541 F.2d 257, 263,
191 USPQ 90, 97 (CCPA 1976). Accordingly, we will sustain the
examiner’s rejection of claims 1-5, 9 and 11 under § 112, first
paragraph. We will not sustain his rejection of claims 7 and 8
since these claims do not recite a temperature limitation.
We will also not sustain the examiner’s rejection of claims
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007