Appeal No. 1996-3977
Application 08/232,627
anticipated by Shai. The dispositive issue with respect to this ground of rejection is the interpretation to
be made of claim 16, mindful that the terms of this claim must be given the broadest reasonable
interpretation consistent with appellants’ specification as it would be interpreted by one of ordinary skill
in this art. In re Morris, 127 F.3d 1048, 1053-56, 44 USPQ2d 1023, 1027-30 (Fed. Cir. 1997); In
re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989). Claim 16 is a method
wherein “the selected composition of the multicomponent coating” is applied to the “surface of an
article” with the requirement of
preparing a selected composition of a multicomponent coating whose absorptance can be
selectively varied over a range of from about 0.20 to about 0.90, according to the selected
composition of the coating, and whose emittance can be selectively varied over a range of
from about 0.25 to about 0.90, according to the selected composition of the coating . . . .
[Emphasis supplied.]
According to appellants’ specification, the “multicomponent coating” is “a single coating system”
wherein proportions of the components can be varied to obtain coatings having different thermal
properties (e.g., page 4; emphasis supplied). We find no disclosure where a single coating applied to
a surface exhibits an absorptance across the entire range of from about 0.20 to about 0.90 and an
emittance across the entire range of from about 0.25 to about 0.90. Indeed, specification Examples 1
through 6 are directed to six different single coatings, each of which contains a different amount of any
or all of aluminum, manganese dioxide, zinc oxide and potassium silicate, wherein the range of
absorptance is 0.21 - 0.80 and the range of emittance is 0.25-0.81. In specification Examples 7
through 9, three different single coatings containing different amounts of any or all of aluminum,
manganese oxide and potassium silicate have an absorptance range of 0.23 - 0.41 and an emittance
range of emittance is 0.26-0.58. We note that neither of these two exemplified “multicomponent
coating” systems are shown to meet exact ranges for absorptance and emittance specified in claim 16.
We emphasize that it is clear from each of the specification Examples, that the specific composition
therein is a single “coating,” or, as described at pages 9-11 of the specification, a single “coatable
mixture.”
Appellants submit, inter alia, that “[c]laim 16 does not recite ‘preparing a composition whose
absorptance is in the range of 0.20 to 0.90 and whose emittance is in the range of 0.25 to 0.90,” note
- 5 -
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007