Ex parte FEHLNER - Page 5




          Appeal No. 1996-2055                                                        
          Application No. 08/132,554                                                  


          layer would also be capable of functioning as a parting agent               
          during a heat compaction treatment.                                         
               Furthermore, while the coating taught by Foster serves as              
          a parting agent, Foster teaches away from using the coating as              
          a permanent barrier layer by suggesting its removal after use               
          as a parting agent (see Foster at col. 4, l. 56-57 and claim                
          1).                                                                         
               Additionally, we find no factual basis to support the                  
          examiner’s conclusion that the Foster coating would be                      
          expected to function as a barrier to sodium ion migration.                  
          The examiner has given no reason, nor are we aware of any, as               
          to why the coating of Foster, which is particulate in nature,               
          could be expected to function as such.  This deficiency in the              
          examiner’s reasoning is not cured by resort to the Nordberg                 
          reference since the coating or film of Nordberg, like that of               
          Foster, is used solely as a parting agent and is colloidal in               
          nature, produced from a metallic oxide powder dispersed in                  
          water.                                                                      
               For the foregoing reasons, the decision of the examiner                
          is reversed.                                                                
                                      REVERSED                                        
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