Appeal 2006-2179
Application 10/735,369
Niobium and tantalum are Group 5 elements of the Periodic Table and
barium, strontium, lanthanum, neodymium, ytterbium and gadolinium are
Groups 2 and 3 elements of the Periodic Table.
The Examiner has recognized that claims 14 through 16 of Ackerman
‘588 fail to recite that their substrate is made of a nickel-base superalloy as
recited in claim 2 on appeal and that their thermal barrier coating material is
made of yttria-stabilized zirconia as recited in claim 5. To remedy these
deficiencies, the Examiner has taken official notice that these features are
well known in the art. Indeed, they are conventional in the method of the
type recited in claims 14 through 16 of Ackerman ‘588 as is apparent from
the Appellants’ own Specification (pages 1, 5, and 6) and the prior art of
record relied upon by the Examiner (cols. 1 and 3 of Taylor, col. 1 of
Subramanian and page 1 of Ackerman ‘633).
Thus, the dispositive question is whether it would have been obvious
to apply a Group 2 or 3 element and a Group 5 element in an atomic ratio of
at least 1:3 on the thermal barrier layer. On this record, we answer this
question in the affirmative for the same reasons indicated supra. Claim 16
of Ackerman ‘588, like the disclosure of Ackerman ‘633 or Subramanian,
recites a very limited number of Group 2, 3 and 5 elements which can be
used individually or in a mixture for the same purpose taught in the
Appellants’ Specification, i.e., inhibit sintering.
Thus, for the fact findings set forth in the Answer and above, we
affirm this obviousness-type double patenting rejection as well.
V. CONCLUSION
The decision of the Examiner is affirmed.
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