Ex parte Ayers

Board of Patent Appeals and Interferences

Aug 15, 1997

07787994 (B.P.A.I. Aug. 15, 1997)

Application for patent filed Nov. 5, 1991.1
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today (1)
was not written for publication in a law journal and (2) is not
binding precedent of the Board.
Paper No. 12
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte JACK D. AYERS
__________
Appeal No. 95-0112
Application 07/787,9941
__________
ON BRIEF
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Before JOHN D. SMITH, ELLIS, and OWENS, Administrative Patent
Judges.
ELLIS, Administrative Patent Judge.
DECISION ON APPEAL
This an appeal from the examiner’s final rejection of claims
1 through 13, 31 and 34. Claims 14 through 30, 32, 33, 35 and 36
were withdrawn from consideration by the examiner under 37 CFR
§ 1.142(b).
Appeal No. 95-0112
Application 07/787,994
2
We initially note the appellant’s statement that
the claims stand or fall together. Brief, p. 3; 37 CFR
§ 1.192(c)(7). Therefore, we will limit our consideration of
the issues on appeal as they apply to representative claim 1
which reads as follows:
1. A process for making superplastic steel, comprising the
steps of:
rapidly solidifying molten steel to form a solidified
material in the form of a powder, ribbon, foil, or flake
comprising substantially single-phase austenitic steel having a
grain size of no greater than about 2 µm;
providing said rapidly solidified material of said
substantially single-phase austenitic steel having a grain size
of no greater than about 2 µm, in powder or flake form;
heating said powder or flakes of said substantially single-
phase austenitic steel having a grain size of no greater than
about 2 µm, at a temperature of 300