Appeal No. 1997-2977
Application No. 08/431,688
Although Babel does not describe a coated substrate as
recited in appealed claim 1, Babel discloses that it was known
in the art to use silver-coated TEFLON films as a thermal
control coating on aluminum in spacecraft structures (column
1, lines 39-46). Thus, in addition to those reasons stated2
in the examiner’s answer, we determine that it would have been
prima facie obvious for one of ordinary skill in the art to
modify Babel’s coated aluminum substrate comprising a layer of
inorganic white paint thermal control coating by applying a
silver-coated TEFLON film as an additional layer of thermal
control coating so as to result in a coated structure useful
for spacecraft in high earth orbit, motivated by a reasonable
expectation of obtaining the additive or cumulative effect of
two known thermal control coating materials. In our view, 3
2The appellants’ specification lists TEFLON as a
suitable fluoropolymer (page 14, line 7).
3We realize that appealed claim 1 recites a particular
method for applying the fluoropolymer protective topcoat onto
the inorganic white paint coating. We observe, however, that
the appealed claims are directed to a product and not a
process.
In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964, 966 (Fed. Cir.
1985) (holding that if a product in a product-by-process claim
is the same as or obvious from a product of the prior art, the
claim is unpatentable even though the prior product was made
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