Ex Parte Alfonsson et al

Board of Patent Appeals and Interferences

Oct 23, 2009

10381673 (B.P.A.I. Oct. 23, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte ELISABETH ALFONSSON, JUN WANG, MATS LILJAS, and
PER JOHANSSON
____________

Appeal 2009-005973
Application 10/381,673
Technology Center 1700
____________

Decided: October 23, 2009
____________

Before CHUNG K. PAK, PETER F. KRATZ, and MARK NAGUMO,
Administrative Patent Judges.

KRATZ, Administrative Patent Judge.

DECISION ON APPEAL
Appeal 2009-005973
Application 10/381,673

2
This is a decision on an appeal under 35 U.S.C. § 134 from the
Examiner’s final rejection of claims 55-57, 62-66, 72, and 75-90. We have
jurisdiction pursuant to 35 U.S.C. § 6. Oral arguments were presented on
September 17, 2009.
Appellants’ claimed invention is directed to a ferritic-austenitic
stainless steel having a microstructure consisting essentially of 35-65
volume percent ferrite and 35-65 volume percent austenite and of a specified
low nickel content composition, including Creq and Nieq amounts, as set forth
in the appealed claims.1
Claim 55 is illustrative and reproduced below:
55. A ferritic-austenitic stainless steel having a
microstructure which consists essentially of 35-65 vol- %
ferrite and 35-65 vol- % austenite, wherein the steel has a
chemical composition which contains in weight-%:
0.02-0.07 C
0.35-1.0 Si
3-8 Mn
21-22 Cr
1.35-1.7 Ni
at least 0.1 Mo
optionally W in a total amount of max 1.0 (Mo +W/2)
optionally Cu up to max 1.0 Cu
0.18-0.30 N
balance iron and impurities;

wherein the following conditions apply for the ferrite and
austenite formers of the alloy, respectively, i.e. for the
chromium and nickel equivalents:
20