Appeal No. 93-2172
Application 07/363,758
that claimed. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430,
433-34 (CCPA 1977). Moreover, as observed by the examiner,
appellants themselves have stated that “a high resistivity will
correspond to a high emissivity”. See appellants’ amendment
filed November 4, 1991 at page 5. Accordingly, a low resistivity
should correspond to a low emissivity. In the Brief at pages 11
and 12, appellants imply that their statement made in the
previous amendment was factually incorrect. Appellants now
contend that it is known that different thicknesses of metal
oxide layers will exhibit different colors in reflection and
therefore these different layers have different emissivities.
Thus, appellants now contend that different thicknesses of metal
oxide layers do not necessarily have different resistivities.
Appellants have not explained, however, how this argument applies
to the colorless films formed by the King process.
We also observe, as pointed out by the examiner, that King’s
metal oxide coated glass is intended to be used as a wind screen
wherein the film provides electrical resistance heating for
deicing or demisting. See the King reference at column 1, lines
9-16. In this regard, the examiner has stated that low
emissivities are known to be desirable when the coatings are used
as heating layers on wind screens. This factual assertion by the
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