Appeal No. 93-2172
Application 07/363,758
properties of the layer are defined as having an emissivity of 4
less than or equal to 0.15 and a resistivity of 3 x 10 ohm-cm -4
or less.
Based on product-by-process principles set forth in In re
Brown, 459 F.2d 531, 173 USPQ 685 (CCPA 1972) and In re Fessmann,
489 F.2d 742, 180 USPQ 324 (CCPA 1974), the examiner has rejected
each of the appealed claims for obviousness (35 U.S.C. § 103)
over King, a prior art reference, which describes a glass plate
coated with a metal oxide layer of indium and tin by a sputtering
technique, vis á vis a pyrolysis technique, as set forth in the
appealed claims. Appellants contend that the claimed recitation
of a “pyrolized” layer defines a structural bond between the
4Emissivity is defined as the ratio of the radiation
intensity of a nonblackbody to the radiation intensity of a
blackbody. This ratio is always less than or just equal to one.
The emissivity characterizes the radiation or absorption quality
of nonblack bodies. Emissivities vary with temperature and also
vary throughout the spectrum. See the McGraw-Hill Encyclopedia
of Science & Technology, 7th Edition, copyright 1992, vol. 6, p.
339, copy attached. It is important that oxide coatings of tin
or indium on glass panes used in automobiles have a low
emissivity because in winter, loss of heat from the passenger
compartment of the vehicle is reduced, and in summer the addition
of heat from the exterior is also reduced. When these coatings
are to be supplied with electricity to act as heating layers they
typically have emissivities less than or equal to 0.15. See U.S.
Patent No. 4,584,236 to Colmon patented April 22, 1986 at column
1, lines 52-58; column 2, lines 33-43; and column 3, lines 17-21.
A copy of this patent is also attached.
4
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