Appeal No. 2006-0902 3
Application No. 10/125,942
in the respective specification for the specific packing
fraction range recited in the subject claims.
In our prior decision, we also found that the
appellants did not establish that a packing fraction value
within the recited range would inevitably result by
practicing the disclosed invention, considering that the
original specification contemplates a wide variety of
starting materials and a broad range of process parameters.
The only evidence before us now, which was not before
us when we rendered our prior decision, is in the form of a
declaration by Lance Jacobsen.
We have carefully considered the Jacobsen Declaration.
Having done so, we agree with the examiner that the
Jacobsen Declaration fails to establish that a packing
fraction of 4-11% is an inherent feature of the titanium
powder produced according to the process described in
appellants’ disclosure.
Jacobsen reports that “[I]n over 200 runs of the
Armstrong Process, the packing fraction of the powder has
been in the range of from 4 percent to 11 percent.”
(Declaration, paragraph 7). We presume that Jacobson, in
referring to “200 runs of the Armstrong Process”, is
referring to the process which is the subject of
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