Ex Parte Chen et al - Page 6




          Appeal No. 2003-2003                                                        
          Application No. 09/746,474                                                  

          obvious for an artisan with ordinary skill to develop workable or           
          even optimum ranges for an art-recognized, result-effective                 
          parameter.  In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934,            
          1936-37 (Fed. Cir. 1990); In re Boesch, 617 F.2d 272, 276, 205              
          USPQ 215, 219 (CCPA 1980); In re Aller, 220 F.2d 272, 276, 205              
          USPQ 233, 235 (CCPA 1955).  Here, Meckel repeatedly discloses               
          that varying the ratios and amounts of his coating composition              
          ingredients including nitrogen results in varying colors (e.g.,             
          see lines 40-49 in column 2, lines 21-28 in column 7, and lines             
          2-14 in column 8).  Because the Meckel patent evinces that the              
          amount of ingredients including nitrogen in color coating                   
          compositions is an art-recognized, result-effective parameter               
          vis-à-vis color, we conclude that it would have been obvious for            
          the artisan to develop workable or even optimum ranges for the              
          parameter of nitrogen content, thereby yielding a nitrogen                  
          content for patentee’s lustrous gray or silver color coatings               
          which is in the substoichiometric range as required by the                  
          independent claim on appeal.                                                
               Finally, in an apparent attempt to support their                       
          nonobviousness position, the appellants state that “Meckel                  
          teaches, varying both the nitrogen content and carbon content in            
          the carbonitride coating” (brief, page 10).  As properly                    

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