Appeal No. 2004-2111
Application No. 09/535,550
same niobium and cobalt values as embodiments of the appellant’s
claimed subject matter. As for claim 17, the .1 to 4% vanadium
concentration taught by the here applied reference (e.g., again
see the Abstract) fully encompasses the claimed 2.0 to 2.4 weight
percent range. This circumstance supports a prima facie case of
obviousness. See, for example, Ex parte Lee, 31 USPQ2d 1105,
1107 (Bd. Pat. App. & Int. 1993).
In summary, we affirm the examiner’s decision to reject
claims 2-26, 28, 29 and 34 but reverse his decision to reject
claim 27.
The decision of the examiner is affirmed-in-part.
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