Appeal No. 96-2985
Application No. 08/332,620
However, this patent does not teach or even
suggest that the top coating be formed so as to
comprise a layer in contact with the matrix body
that consists essentially of scandium and a high
melting point metal and a sealing layer, that has a
different chemical composition from that of the
layer in contact with the matrix body, [and that]
consists essentially of a high melting point metal.
This patent teaches in this portion that all the
layers of the top coating have the same composition,
all of which contain a high melting point metal
(tungsten) and scandium or an oxide of scandium.
Watanabe clearly states (column 1, line 46, column 5,
lines 1 and 2, and column 5, lines 27 and 28) that the two
layers 5 and 6 have “the same composition.” As the two layers
in Watanabe have “the same composition,” they do not have
different compositions, as required by the claim. Moreover,
one layer
cannot consist essentially of “scandium and a high melting
point metal,” and the other layer can not be a “metallic
sealing layer” that consists essentially of a “high melting
point metal.” For this reason, the 35 U.S.C. § 103 rejection
of claims 3 and 10 is reversed.
Turning to dependent claim 2, Hasker discloses an
intermetallic compound or alloy of scandium and rhenium, but
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