Appeal No. 1997-2977
Application No. 08/431,688
fluoropolymer recited in appealed claim 1. In our opinion,
the mere fact that the fluoropolymer coating would have the
recited properties does not, in and of itself, patentably
distinguish the claimed product over the prior art. In any
event, we point out that Babel teaches that TEFLON is subject
to degradation at low earth orbit (column 1, lines 57 and 58),
which is the same property recited in appealed claim 1. It
also follows from Babel’s teachings as a whole that TEFLON
would be suitable as a thermal control coating in outer space
environments other than low earth orbit (i.e., it must
necessarily withstand the thermal cycles of outer space).
In summary, our judgment is as follows:
(1) the rejection of claim 7 under the fourth paragraph
of 35 U.S.C. § 112 as being in improper dependent form is
reversed;
(2) the rejection of claims 1 through 14 and 22 through
26 under the second paragraph of 35 U.S.C. § 112 as indefinite
is affirmed; and
(3) the rejection of claims 1 through 14 and 22 through
26 under 35 U.S.C. § 103 as unpatentable over the combined
teachings of Babel, Mozelewski, and Klahr is affirmed.
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