Appeal No. 1997-2075 Page 12
Application No. 08/362,362
utilizes a black paint coating to prevent a recast layer from
forming and an alternative nonpreferred embodiment in which
the black paint coating is omitted and a recast layer forms on
the surface.4
For the reasons stated above, the decision of the
examiner to reject claim 9 under 35 U.S.C. § 103 is affirmed.
Claims 10 to 15 and 20
In accordance with 37 CFR § 1.192(c)(7), we have selected
claim 10 as the representative claim from the appellant's
grouping of claims 10 to 15 and 20 to decide the appeal on
this rejection under 35 U.S.C. § 103. See page 7 of the
appellant's brief.
With respect to dependent claim 10, the examiner further
determined (final rejection, p. 4) that
it would have been obvious to one of ordinary skill in
the art at the time the invention was made to use the
4One is not taught away from a nonpreferred embodiment by
a preferred embodiment. See In re Susi, 440 F.2d 442, 446, n.
3, 169 USPQ 423, 426, n. 3 (CCPA 1971).
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