Appeal No. 2005-0582
Application 09/870,014
Appellants cite a public release of The Welding Institute
(TWI) for the proposition that the parameters of hybrid welding
are unpredictable. Appellants point to the paragraph preceding
the “Main Conclusions” which states that “[t]he penetration of
these hybrid welds was less than the penetration in laser welds.”
The publication explains that “[t]his was due to the high arc
currents used in the spray metal transfer condition causing an
excess of weld metal in the keyhole, effectively blocking the
penetration of the laser.” We note, however, that no signifi-
cance is attached to the particular composition of the shield
gas. Indeed, in the preceding paragraph, it is stated that the
use of the claimed shielding gas in a hybrid welding process
gives “25% greater penetration than the laser welds.” In our
opinion, this limited report falls far short of establishing that
shield gas compositions within the scope of the appealed claims
are unexpectedly effective in hybrid arc/laser welding processes.
It is well settled that absolute predictability is not required
for a finding of obviousness under § 103, and we find that the
cited prior art provides the reasonable expectation of success-
fully utilizing the claimed shield gas in at least one part of a
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