Ex Parte Ivkovich et al - Page 3

                Appeal 2006-3437                                                                                 
                Application 10/702,801                                                                           
                ceramic-containing bonding element between the coating and the article                           
                surface.  The transfer support may be the removable deposition substrate,                        
                such as polyvinyl alcohol, or the transfer support may be an intermediate                        
                support which removes the optical coating from the deposition substrate and                      
                transfers it to the article surface.  The metallic article that receives the                     
                optical coating may be a component of a gas turbine engine.                                      
                       Appealed claims 1, 2, 4-7, and 9-20 stand provisionally rejected under                    
                the judicially created doctrine of obviousness-type double patenting as being                    
                unpatentable over claims of co-pending application 10/681,676 in view of                         
                Hastings.  The appealed claims also stand rejected under 35 U.S.C. § 103(a)                      
                as follows:                                                                                      
                       (a)  claims 1, 4-12, and 20 over Ross in view of Hastings,                                
                       (b)  claim 2 over Ross in view of Hastings and Connolly,                                  
                       (c)  claim 3 over Ross in view of Hastings and Ducane,                                    
                       (d)  claims 13, 16-18, and 20 over Ross in view of Hastings and                           
                Hankland,                                                                                        
                       (e)  claims 14 and 15 over Ross in view of Hastings and Oliva,                            
                and                                                                                              
                       (f) claim 19 over Ross in view of Hastings and Alexander.                                 

                       We have thoroughly reviewed each of Appellants' arguments for                             
                patentability.  However, we are in complete agreement with the Examiner                          
                that the claimed subject matter would have been obvious to one of ordinary                       
                skill in the art within the meaning of § 103, as well as the doctrine of double                  
                patenting, in view of the applied prior art and co-pending application.                          
                Accordingly, we will sustain the Examiner's rejections for the reasons set                       

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