Ex Parte MIHALISIN et al - Page 5




               Appeal No. 2002-2142                                                                       Page 5                
               Application No. 09/276,858                                                                                       

                      Appellants have chosen to describe their invention in terms of a process of obtaining                     
               certain physical characteristics when making a nickel base superalloy single crystal casting.  For               
               instance, claim 1 is directed to a method of reducing as-cast metallic surface scale.  But that does             
               not change the essence of the process which is really a method of forming a single crystal casting               
               by molding a nickel base superalloy of a particular composition.  Wukusick describes a process                   
               of forming single crystal castings of nickel base superalloys.  In the instances that Wukusick                   
               describes a process of making single crystal castings of compositions with the inherent properties               
               recited in the claim, that claim is anticipated.                                                                 
                      Particularly, we find that claims 1-4, 9-11, 17, and 18 are anticipated by Wukusick.                      
               Focusing on claim 1 to illustrate, we note that this claim is directed to forming single crystal                 
               castings of nickel base superalloy containing Cr, Co, Mo, W, Ta, Al.  In addition, the alloy                     
               contains C in a concentration “high enough to substantially reduce formation of said as-cast                     
               metallic surface scale during solidification.”  According to Appellants’ specification, carbon                   
               concentrations greater than 0.04 wt. % are effective to substantially reduce as-cast metallic scale              
               (specification at 7, ll. 9-13).  Not only does Wukusick describe nickel base superalloy                          
               compositions with carbon concentrations greater than 0.04 wt. % (Table I, preferred and most                     
               preferred), those alloy compositions contain Cr, Co, Mo, W, Ta, and Al in concentrations                         
               encompassed by the range of alloy compositions described in the specification at page 6, lines                   
               20-25 for which an increase in carbon content of greater than 0.04 wt.% results in scale reduction               









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