Appeal No. 2005-1354
Application No. 09/940,481
that one of ordinary skill in the art would have considered the
claimed properties truly unexpected for iron alloys within the
scope of the rather broad claims on appeal. We note that
appellants own disclosure establishes that alloys within the
scope of the appealed claims can have a martensitic
transformation start point ranging from -50°C to at least -186°C.
Also, inasmuch as appellants' specification, at page 5,
discloses that the carbon content should be at least 0.005% in
order to achieve the claimed martensitic transformation start
point, it would seem that Samples 1-4 of Fukuda's EXAMPLE 1 would
possess the claimed properties for the alloy. Again, there is no
evidence of record to the contrary. We further note that Samples
4-7 of Fukuda meet the claimed relationships for cobalt and
nickel.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is affirmed.
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