Appeal 2007-2658
Application 10/451,143
JP 59-126739 [Okamoto] discloses an amorphous alloy foil
strip consisting of 25-75atom% of one or more of Ti, Zr and Hf,
and the balance Cu. The balance may be, if necessary,
composed of 100atom% in total of <30atom% in total of >1
group within the limit of each group of (a)<20atom% of one or
more among Co, Fe, Ni, Pd, Rh and Be, (b) <20atom% of one
or more among Cr, Mo, W, V, Nb, Ta, and Mn, (c) <30atom%
of one or more of Ag and Au, (d) <10atom% of one or more
among Sc, Y and La groups, e) <15atom% of one or more
among B, Si, Ge, P, As and Sb, and (f) <10atom% of one or
more among A1, Ga, In, Sn, Cd and Zn, as well as <20atom%
Cu.
Given the above undisputed facts, notwithstanding the Appellants’
arguments to the contrary, we determine that one of ordinary skill in the art
would have been led to select, inter alia, the claimed amorphous alloys from
those taught by Yuich or Okamoto, with a reasonable expectation of
successfully using them for the purposes delineated in Yuich or Okamoto.
See, e.g., Merck & Co. v. Biocraft Laboratories Inc., 874 F.2d 804, 807, 10
USPQ2d 1843, 1846 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989). On this
record, we find no evidence to the contrary.
The Appellants contend that the combined disclosures of either Yuichi
or Okamoto and Peker would not have suggested copper-base amorphous
alloys having the claimed diameters or thicknesses (Br. 9-10 and Reply Br.
1-6). We disagree.
As is apparent from reading the entire disclosure of Yuichi or
Okamoto, their amorphous alloy products are not limited to having any
particular thicknesses or diameters. Rather, it can be inferred from either
Yuichi or Okamoto that choosing copper-base amorphous alloys having
appropriate thicknesses, including the claimed thickeness, based on the
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