Document D5 disclosed an alloy composition with elemental ranges only minimally different from the ones claimed in the amended patent. Furthermore, the additional restriction due to the formula (percent zirconium + percent boron)/percent carbon > 1 had only a minor limiting effect and also could not be seen as a purposive selection. Indeed, Figure 5 of the patent only disclosed 6 data points, which was insufficient to support the alleged causal relationship between the criterion defined in the formula and the improvement in the crack growth rate. Moreover - even if one accepted the experimental data - the formula comprised three free parameters and it was well possible that the improvement in crack growth rate observed was only due to e.g. a lower carbon content, with the fulfilment of the formula being a simple consequence thereof.
Simatic Step 7 V 5 5 Crack Free 16
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2.1.5 As correctly pointed out by the respondent, the patent gives detailed reasons for each of the elemental ranges specified, motivating the selection of the respective lower as well as upper limits. For Ta, Mo and Nb these reasons are discussed in paragraphs [0021]-[0023], and [0025]-[0026] of the amended patent. In view of the arguments provided therein, the selection of these elements aims at specific technical effects and thus is not arbitrary. With respect to the ratio criterion, Figure 5 of the patent further demonstrates the decrease of the dwell fatigue crack growth rate with the increase in the ratio. In view of these data, a lower limit for the ratio has a technical effect and cannot be considered arbitrary. The appellant was of the opinion that due to the three free parameters in the ratio and because of the low number of data points, the experimental evidence was insufficient to prove a technical effect. However, in view of the measurement data provided in the patent, the burden of proof for such an alleged lack of technical effect is on the appellant. Without any experimental evidence, the appellant's objection remains a pure allegation. Thus, the Board accepts the lower limit for the ratio as well as the selection of the ranges of Mo, Ta and Nb to be a purposive selection (criterion (iii)). 2ff7e9595c
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