Ex parte VAKIL - Page 7




          Appeal No. 94-4428                                                           
          Application 08/024,034                                                       


          would have been obvious to crystallize an amorphous film in                  
          Strangman’s process overlooks the fact that Strangman deposits               
          a high purity, dense chemical vapor deposition alpha alumina                 
          layer, i.e., a crystalline layer (column 5, lines 6 through                  
          11).  In this regard, we take official notice that alpha                     
          alumina is crystalline and is composed of fine hexagonal                     
          crystalline plates.  See Kirk-Othmer, 3rd Edition, Volume 2,                 
          pages 218, 219 and 233-236, particularly page 233, (1978),                   
          copy attached.  Accordingly, the examiner’s rejection of the                 
          appealed claims cannot be sustained.                                         
               We remand this application to the examiner for further                  
          consideration of the disclosure of Strangman at column 6,                    
          lines 13 through 18 which has apparently been overlooked by                  
          the examiner and appellant.  This disclosure appears to                      
          suggest that an alpha alumina coated superalloy structure is                 
          preheated prior to exposure to a ceramic coating vapor.  The                 
          examiner should determine whether such a ?preheating step?                   
          reads on the claimed step of ?heating said aluminum oxide                    
          layer? which is all that is required by the language of                      
          appealed claim 1.  Thus, the examiner should determine based                 
          on the above disclosure in Strangman whether appealed claim 1                
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