Appeal No. 2002-2142 Page 6
Application No. 09/276,858
(specification at 7, ll. 9-13). Therefore, there is a strong evidentiary basis to believe that the
preferred and most preferred compositions of Wukusick will result in cast single crystal articles
having the required reduced scale.
Wukusick describes processes of making single crystal castings of alloys containing
preferably 0.04-0.06, and most preferably, 0.05 weight % carbon (Table I). Appellants
themselves indicate that this level of carbon results in reducing scale and grain recrystallization
in various different alloy compositions containing the elements specified by Wukusick
(specification at 4-7). This is sufficient for a finding of anticipation for those claims which cover
compositions described by Wukusick, such as claims 1-4, 9-11, 17, and 18. See Best, 562 F.2d at
1254, 195 USPQ at 433; see also King, 801 F.2d at 1326, 231 USPQ at 138.
Claims 5-8, 12-16, 19, and 20, on the other hand, are limited to compositions containing
alloying elements in ranges outside what is taught as preferred and most preferred by Wukusick
(see Brief at 9). Moreover, while Wukusick more broadly describes a base composition
encompassing the alloy composition of, for instance, claim 5, this portion of Wukusick fails to
clearly and unequivocally disclose the claimed invention or direct those skilled in the art to the
invention without any need for picking, choosing, and combining various disclosures not directly
related to each other by the teachings of the cited reference. In re Arkley, 455 F.2d 586, 587, 172
USPQ 524, 526 (CCPA 1972).
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