Appeal No. 96-1353
Application 07/696,973
examiner’s position that oxidation prior to spraying is the
equivalent of oxidation subsequent to spraying.
In addition, even assuming, arguendo, that MacKay is
analogous art, we can perceive no teaching, suggestion or
incentive which would have motivated one of ordinary skill in the
art to substitute the molten metal nozzle deposition technique
disclosed in MacKay for the plasma spraying system of Jasper.
Here, there is no evidence to support a conclusion that the
application of the Jasper materials by the MacKay process would
result in the objectives of the Jasper invention being met.
For the reasons expressed above, it is our conclusion that
the applied references fail to establish a prima facie case of
obviousness with respect to the subject matter recited in claim
1. This being the case, the rejection of claim 1 is not
sustained nor, it follows, is the rejection of all of the other
claims before us, which depend from claim 1.
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