Ex Parte Kutilek et al - Page 2

                Appeal 2007-4227                                                                             
                Application 10/409,417                                                                       
                A. Introduction                                                                              
                      Appellant ("Kutilek") appeals under 35 U.S.C. § 134 from the final                     
                rejection of claims 1-8, 10–15, 26, and 27.  Claims 16–25 are pending but                    
                have been withdrawn from consideration by the Examiner.  We have                             
                jurisdiction under 35 U.S.C. § 6(b).  We AFFIRM.                                             
                      The subject matter on appeal relates to a method of shifting the                       
                amorphous to crystalline transition temperature of a titania (TiO2) coating                  
                material comprising adding a metal to the titania.                                           
                      Claim 1 is representative of the issues necessary to resolve this appeal               
                and reads:                                                                                   
                      A method of shifting the amorphous to crystalline transition                           
                      temperature of a titania coating material, comprising the steps                        
                      of:                                                                                    
                            adding at least one dopant to a titania-containing                               
                            material, the dopant selected from at least one of:                              
                                   Mo, V, Al, Zn, Zr, Li, K, Co, La, Ca, Ba, Si, Ag,                         
                                   Cu, Ni, Mg, Mn, Cd, Fe, Cr, Tb, Sn, Ge, and Pd,                           
                                   and mixtures or combinations thereof.                                     
                (Br. at 7, Claims Appendix.)                                                                 
                      The Examiner has maintained the following rejections:                                  
                      (1) Claims 1-6, 13, and 14 are rejected under 35 U.S.C. § 102(b) in                    
                view of Chopin2.                                                                             
                      (2) Claims 7, 8, 10–12, 15, 26, and 27 are rejected under 35 U.S.C.                    
                §103(a) in view of Chopin.                                                                   
                                                                                                            
                2 Thierry Chopin et al., Substrate with a Photocatalytic Coating Based on                    
                Titanium Dioxide and Organic Dispersions Based on Titanium Dioxide,                          
                U.S. Patent 6,362,121 B1, issued 26 March 2002.                                              
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