Appeal 2007-2242
Application 10/352,997
for element mass percentages of Cu, Ni, Cr, and N. Therefore, we pay
particular attention to the evidence relating to these elements.
Applicants’ steel contains Cu in mass percentages of “not more than
0.1%” (Br. app. A). Lee broadly describes steel containing less than 2% Cu
(Lee, p. 16, l. 5). However, the percentages of Cu in all of Lee’s examples
greatly exceed Applicants’ upper limit (Lee, pp. 9-11, Table 1).
Applicants’ steel contains Ni in mass percentages of 7.3-10% (Br.
app. A). Lee broadly describes steel containing 5.0-8.0% Ni (Lee, p. 16, l.
5). However, the percentages of Ni in all of Lee’s examples never exceed
6.64% (Lee, pp. 9-11, Table 1).
Applicants’ steel contains Cr in mass percentages of “26% or more,
but less than 28%” (Br. app. A). Lee broadly describes steel containing 22-
27% Cr (Lee, p. 16, l. 5). However, the percentages of Cr in all of Lee’s
examples never exceed 25.55% (Lee, pp. 9-11, Table 1). Moreover, Lee
indicates that steels containing percentages of Cr greater than 26% are not
standard steels (Lee at p. 2, ll. 18–22).
Finally, Applicants’ steel contains N in mass percentages of “more
than 0.3%, but no more than 0.4%” (Br. app. A). Lee broadly describes steel
containing 0.13-0.30% N (Lee, p. 16, l. 5). However, Lee prefers to limit
the content of N to 0.13-0.27% (Lee, p.4, ll. 54-58).
We find that one of ordinary skill in the art reasonably would not have
been moved by Lee to the limits of the broad element mass percentage
ranges for Cu, Ni, Cr, and N in the steels Lee describes for any purpose Lee
suggests. And, Lee’s examples direct persons having ordinary skill in the art
away from Applicants’ claimed steel.
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