Appeal No. 2000-1182
Application No. 08/957,554
we agree with the examiner (Answer, page 9) that the skilled
artisan would appreciate that altering the velocity (or
intensity) of the particles would change the surface
roughness. Again, one should not underestimate the level of
the skilled artisan. See Id.
CONCLUSION
The decision of the examiner rejecting claims 1, 11, 13
through 15, 17, 19, 24, and 25 under 35 U.S.C. § 102 and
claims 5, 20, 21, 26 and 27 under 35 U.S.C. § 103 is reversed.
The decision of the examiner rejecting claims 3, 4, 6, 7 and
16 under 35 U.S.C. § 103 is affirmed. A new ground of
rejection of claims 1, 11, 13 through 15, 17, 19 through 21,
and 24 through 27 under 35 U.S.C. § 103 has been added
pursuant to provisions of
37 CFR § 1.196(b).
In addition to affirming the examiner’s rejection of one
or more claims, this decision contains a new ground of
rejection pursuant to 37 CFR § 1.196(b)(amended effective Dec.
1, 1997, by final rule notice, 62 Fed. Reg. 53,131, 53,197
(Oct. 10, 1997), 1203 Off. Gaz. Pat. & Trademark Office 63,
122 (Oct. 21, 1997)). 37 CFR § 1.196(b) provides, “A new
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