Ex Parte Budinger et al - Page 11

                 Appeal 2007-0882                                                                                      
                 Application 10/702,987                                                                                

                 components by the HVOF process followed by HIP to densify the coating.                                
                 Answer 11.  Both references are concerned with minimizing damage that                                 
                 can occur in gas turbine components.  See Findings of Fact 6, 7, 11 & 13.                             
                 White teaches that the coating thickness prior to HIP is “generally” about                            
                 0.001 to 0.010 inches thick before HIP diffusion bonding and Bajan                                    
                 discloses that the thickness of the metallurgical coatings applied can range                          
                 from 0.001" to 0.100".  See Findings of Fact 6 and 14.  Thus, in our view,                            
                 the Examiner has set forth a reasonable basis to conclude that one of                                 
                 ordinary skill in the art, upon reading White and Bajan, would have been                              
                 motivated to increase the thickness of White’s coating to within the claim 12                         
                 and 19 ranges.  See Medichem, S.A. v. Rolabo, S.L., 437 F.3d 1157, 1168,                              
                 77 USPQ2d 1865, 1872 (Fed. Cir. 2006)  (“normal desire of scientists or                               
                 artisans to improve upon what is already generally known provides the                                 
                 motivation to determine where in a disclosed set of percentage ranges is the                          
                 optimum combination of percentages").                                                                 

                                                      ORDER                                                            
                        The rejection of claims 1-11, 13-18, and 21 under 35 U.S.C § 103(a)                            
                 as unpatentable over White is affirmed.                                                               
                        The rejection of claims 12 and 19 under 35 U.S.C § 103(a) as                                   
                 unpatentable over White in view of Bajan is affirmed.                                                 







                                                          11                                                           

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: September 9, 2013