Appeal No. 1996-3470
Application 08/313,179
ions, copper ions, phosphate ions, and manganese ions, all in
concentration ranges within or overlapping the respective
concentration ranges of these components in appellants'
phosphating solution. Compare the abstract of Gehmecker; column
2, lines 20 through 25; and the specific examples that are
disclosed in columns 5 and 6 of the reference. Although
appellants argue that Gehmecker does not teach or suggest the
crystal structure of the coating formed by the process of the
present invention, we observe that Gehmecker describes the
phosphate layer formed by the prior art phosphating process as
“finely crystalline.” See Gehmecker at column 4, lines 41
through 43. Moreover, in view of the substantial identity of the
components of the phosphating coating baths used by Gehmecker and
those claimed and the identity of the processing conditions in
which the phosphated layers are applied to the metal substrates,
it is reasonable to conclude that Gehmecker's “finely
crystalline” phosphate layer has a crystal structure as claimed
herein. Accordingly, as implicitly found by the examiner in his
answer, the prior art phosphating process described in the
Gehmecker patent corresponds identically to that of appellants'
appealed claim 1 process with the exception of the hydroxylamine
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