Ex parte HEFFNER et al. - Page 8




                     Appeal No. 1998-2643                                                                                                                                              
                     Application 08/549,349                                                                                                                                            


                     suggested the claimed limitations to one of ordinary skill in                                                                                                     
                     the art at the time of appellants’ invention.  By definition,                                                                                                     
                     CVD or PECVD involves the deposition of coatings from the                                                                                                         
                     reduction or disassociation of vapors of volatile stable                                                                                                          
                     chemical compounds.   The examiner has not presented any4                                                                                                                        
                     evidence or reasoning that plasma coating processes as taught                                                                                                     
                     by Haluska apply the coating material in molten form, much                                                                                                        
                     less shown the flame stream process steps and two coatings as                                                                                                     
                     required by claim 32 on appeal.                                                                                                                                   
                                For the foregoing reasons, we determine that the examiner                                                                                              
                     has failed to present a prima facie case of obviousness.                                                                                                          
                     Accordingly, the rejection of claim 32, and claims 33, 40 and                                                                                                     
                     41 which stand or fall with claim 32, under 35 U.S.C. § 103                                                                                                       
                     over Haluska is reversed.                                                                                                                                         
                                Claims 34-39 stand rejected under section 103 over                                                                                                     
                     Haluska in view of Lantz (Answer, page 5).  Lantz was applied                                                                                                     
                     by the examiner to show ceramic coating compositions such as                                                                                                      
                     those claimed by appellants (Answer, sentence bridging pages                                                                                                      


                                4 See Kirk-Othmer, Encyclopedia of Chemical Technology,                                                                                                
                     3rd ed., Vol. 10, pp. 266-67, 1980, and Vol. 20, pp. 47-48,                                                                                                       
                     1982, John Wiley & Sons.                                                                                                                                          
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