Appeal 2007-2242
Application 10/352,997
10. Lee teaches that, with regard to N, “if the content of N exceeds
0.27%, then the austenite phase is too much reinforced, with the result that
the hot ductility is decreased” (Lee, p. 4, 56-57).
Discussion
“[T]he Board must weigh each reference for its power to suggest
solutions to an artisan of ordinary skill.” In re Young, 927 F.2d 588, 591, 18
USPQ2d 1089, 1091 (Fed. Cir. 1991). “The quantum of evidence required
to establish unobviousness will depend upon the strength of the showing of
obviousness made by the prior art.” In re Skoll, 523 F.2d 1392, 1398, 187
USPQ 481, 485 (CCPA 1975). “[T]he question under 35 U.S.C. 103 is not
merely what the references expressly teach, but what they would have
suggested to one of ordinary skill in the art at the time the invention was
made.” In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA
1976).
In this case, there is evidence weighing for and against patentability.
The evidence favoring unpatentability must be properly weighed against all
the countervailing evidence. See Piasecki, 745 F.2d at 1472, 223 USPQ at
788; See also Skoll, 523 F.2d at 1397-98, 187 USPQ at 484-485. Lee most
broadly teaches duplex stainless steels having element mass percentages
within the limits of the claimed percentage ranges required for each of C,
Mn, P, and S. Furthermore, for Si, P, Mo, and W, Lee’s teaching as a whole
reasonably suggests element mass percentages within Applicants’ claimed
ranges. However, the element mass percentages Applicants’ claims require
for Cu, Ni, Cr, and N differ from those preferred and/or exemplified by Lee.
On the other hand, as we explain below, Lee’s broadest teaching is suspect
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