Ex Parte Harris et al - Page 5




             Appeal No. 2003-1930                                                                                    
             Application No. 09/797,326                                                                              


             Inc., 927 F.2d 1565, 1576-77, 18 USPQ2d 1001, 1010 (Fed. Cir. 1991).  Here, the reference               
             to the Yoshinari reference was to establish that persons of ordinary skill in the art would             
             have recognized the result that would have been obtained by adjusting the amount of                     
             chromium and tantalum in a nickel based alloy.                                                          
                    Appellants provide additional argument directed to the significance of the data in the           
             specification.  (Rehearing request pp. 4-5).  These additional arguments are not persuasive             
             for the reasons stated above and in our prior decision.                                                 
             We have granted Appellants’ request to the extent that we have reconsidered our                         
             decision of September 26, 2003, but we deny the request with respect to making any changes              
             therein.                                                                                                
















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