Appeal No. 95-4984
Application No. 08/038,369
amount of tensile and yield strength characteristics" (page 6 4
of principal Brief), no disclosure or teaching of such a
relationship between the coating parameters and the strength
characteristics of the metal is found in Okano or Stueke (page
18 of principal brief). In appellants' words, "nowhere in
Okano et al. or Stueke is there anything to suggest
Appellants' claimed process for coating heat sensitive metal
articles based on data relating to the metal article's tensile
and yield strength characteristics where at least two coating
processes are expected in the article's life cycle" (page 19
of principal brief).
In response to appellants' argument, the examiner offers
the following at page 7 of the Answer:
The time and temperatures of the preheating and
post-heating steps are operational parameters which
are dependent upon the metal used, coating applied,
specific end use, etc. It is known by those of
ordinary skill in the art that the thermal history
4The relevant claim language is "said selected
temperature, said first period of time, and said second period
of time being chosen based upon experimentally determined data
which defines a curve plotting temperature versus time of
heating for which the metal article retains a percentage of
its non-heated tensile and yield strength characteristics
after undergoing a plurality of heating/cooling processes
involved in at least two individual instant processes of
coating."
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