Ex parte QUARTARONE et al. - Page 9




          Appeal No. 95-4984                                                          
          Application No. 08/038,369                                                  


          appellants' own specification acknowledges that the claimed                 
          relationship was known in the art at the time of filing the                 
          present application.  To wit, the specification states                      
          "[c]urrent methods of effectively applying such high-cure-                  
          temperature coatings to a thermally-massive part require that               
          the part to be coated be heated in excess of temperatures at                
          which the aluminum alloy begins to lose tensile/yield                       
          strength"                                                                   
          (page 3, lines 5-9), and "[a]s mentioned above, the heat                    
          treated aluminum alloy has a known temperature-time envelope                
          above which point the particular alloy begins to lose its                   
          tensile/yield strength.  This temperature-time envelope is                  
          defined by a curve unique to each aluminum alloy" (page 10,                 
          lines 4-8).                                                                 
               Accordingly, based upon the unrebutted, reasonable                     
          finding of the examiner, and the apparent admission by                      
          appellants in the present specification, we find that the                   
          examiner has drawn the proper legal conclusion that one of                  
          ordinary skill in the art would have found it obvious to rely               
          upon known result-effective variables in order to                           
          experimentally determine the optimum, as well as acceptable,                

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