Ex Parte Groh et al - Page 1






                                       The opinion in support of the decision being entered                                          
                                  today was not written for publication and is not binding                                           
                                  precedent of the Board.                                                                            


                                  UNITED STATES PATENT AND TRADEMARK OFFICE                                                          
                                                        _______________                                                              
                                        BEFORE THE BOARD OF PATENT APPEALS                                                           
                                                     AND INTERFERENCES                                                               
                                                        _______________                                                              
                                                Ex parte JON RAYMOND GROH                                                            
                                              and MICHAEL JOSEPH GAMBONE                                                             
                                                         ______________                                                              
                                                      Appeal No. 2005-0567                                                           
                                                      Application 10/280,391                                                         
                                                        _______________                                                              
                                                            ON BRIEF                                                                 
                                                        _______________                                                              
               Before KIMLIN, PAK and WARREN, Administrative Patent Judges.                                                          
               WARREN, Administrative Patent Judge.                                                                                  
                                                        Decision on Appeal                                                           
                       This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                             
               rejecting claims 1  through 16, all of the claims in the application.                                                 
                       Claim 1 illustrates appellants’ invention of a composition of matter that consists                            
               essentially of at least the specified elements and encompasses a nickel-base alloy which is                           
               castable and weldable (specification, e.g., page 1), and is representative of the claims on appeal:                   
                       1.  A composition of matter having a composition consisting essentially of, in weight                         
               percent, from about 16 percent to about 21 percent chromium, from about 6 percent to about                            
               12 percent iron, from about 6 percent to about 12 percent cobalt, from about 2.8 percent to about                     
               3.3 percent molybdenum, from about 5 percent to about 5.4 percent niobium, from zero to about                         
               2 percent tantalum, from about 0.65 percent to about 1.15 percent titanium, from about                                
               0.2 percent to about 0.8 percent aluminum, from about 0.01 percent to about 0.05 percent carbon,                      
               from about 0.005 percent to about 0.01 percent boron, less than about 0.1 percent zirconium,                          
               balance nickel and impurities.                                                                                        

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