Appeal No. 2002-1609
Application 09/129,238
recrystalization temperature of the steel can be from 670 to
680ºC, then, Fujinaga’s annealing temperature would encompass the
range of from 670 to 680ºC. Such a temperature range does
overlap the claimed range of from 640ºC to 670ºC. We especially
find this to be the case in view of the examiner’s position set
forth on page 5 of the answer, that Fujinaga discloses in claim
1, on page 12, a steel alloy with constituents having weight
percentage ranges that encompass the recited ranges in
appellants’ claims, and therefore Fujinaga’s steels would
inherently have recrystallization temperatures within 670 to
700ºC (which encompasses from 670 to 680ºC), absent evidence to
the contrary, which appellants have not provided.
Also in connection with the issue of annealing temperature,
Appellants further argue that all of the examples in Table 3 of
Fujinaga, except Sample No. 3, fail to meet one or more of the
recited limitations of the claims. (brief, page 4-5). We adopt
the examiner’s position set forth on pages 5-6 of the answer. We
also note that Fujinaga’s teachings are not limited to the
examples, and, as stated above, Fujinaga does suggest the claimed
annealing temperature. In this context, we note that a reference
is not limited to its examples, but is available for all that it
fairly discloses and suggests. See In re Widmer, 353 F.2d 752,
757, 147 USPQ 518, 523 (CCPA 1965).
Hence, we agree with the rejection of claim 8.
b. Claim 9
On page 7 of the brief, appellants argue that claim 9 sets
forth an annealing period of less than 3 minutes. The examiner
correctly points out on page 7 of the answer that Fujinaga
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