Appeal No. 1997-2023
Application No. 08/197,497
deposition on a substrate an aluminide diffusion coating . . . ”
by certain process steps, culminating in the codeposition of
aluminum and an additive element on a substrate “to form thereon
an aluminide diffusion coating including said additive element.”
(Claim 1, emphasis added).
The examiner fails to address the above emphasized
limitations of claim 1 on appeal, namely the examiner fails
to point out where such a limitation is described by Sarin
‘384 within the meaning of 35 U.S.C. § 102(b). The examiner
finds that Sarin ‘384 “teaches manufacturing composite coatings
on cemented carbide substrates.” (Answer, page 3). Sarin
‘384 discloses a composite ceramic coating having at least two
phases, comprising a continuous oxide layer with discrete
particles dispersed therein (col. 1, ll. 43-54). An aluminide
diffusion coating is known in the art as the reactive bonding of
aluminum to the substrate in a diffusion layer.2 Accordingly,
the examiner has failed to meet the initial burden of
establishing that every limitation of the claimed subject matter
is described by the cited reference.
2See Punola, col. 1, ll. 18-31 and col. 3, ll. 7-27. See
also Benander et al., U.S. Patent No. 4,698,244, issued Oct. 6,
1987, of record in this application (col. 1, ll. 1-9; col. 6, ll.
45-62).
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