Appeal No. 2006-0594
Application No. 09/740,708
modified alloy of WO '973 would have greatly increased heat
resistance/high temperature strength at temperatures at which
aluminum is in the molten state. Moreover, we find no fault in
the examiner's reasoning that one of ordinary skill in the art,
properly motivated to modify the alloy of WO '973 for the reasons
set forth by Nazmy, would have inherently also realized the
benefit of increasing the service life of the alloy when in
contact with a molten metal comprising aluminum. Appellants have
advanced no reason why one of ordinary skill in the art would
have expected otherwise.
Appellants rely upon data at page 4 of the present
specification which demonstrates that the resistance to attack by
molten aluminum was increased when yttrium was included in the
Ti-Al alloy. However, appellants have proffered no objective
evidence that such results would be considered truly unexpected
by one of ordinary skill in the art. In re Merck & Co., 800 F.2d
1091, 1099, 231 USPQ 375, 381 (Fed. Cir. 1986); In re Klosak,
455 F.2d 1077, 1080, 173 USPQ 14, 16 (CCPA 1972). Like the
examiner, we are persuaded that, based on the Nazmy disclosure,
one of ordinary skill in the art would have expected the results
reported in the specification. It is well settled that expected
results are evidence of obviousness just as unexpected results
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