Appeal No. 1999-1136
Application No. 08/771,373
617 F.2d at 276, 205 USPQ at 219; Ornitz, 351 F.2d
at 1016-17, 147 USPQ at 286; Aller, 220 F.2d at 456,
105 USPQ at 235.
As proof of criticality, appellants have submitted the
declaration under 37 CFR § 1.132 of John Mariner, one of the
appellants (filed Nov. 18, 1997), to show "that high density
PBN is superior to low density PBN relative to useful life"
(brief, page 8).
Before considering Mr. Mariner's declaration, we take
notice of the fact that Basche discloses that the coating
process is especially efficient when the reactor temperature
is 2000° C. (col. 3, line 57), thereby expressly suggesting to
one of ordinary skill that a temperature of 2000° C. be used.
According to appellants' specification at page 4, lines 4 to
7, higher density (i.e., at least 2.19 gm/cc) PBN may be
achieved by keeping the reactor temperature in the range of
1950 to 2000° C. Therefore, if one of ordinary skill were to
coat the boat of Morris using the 2000° C. reactor temperature
recommended by Basche it would appear that, according to
appellants' disclosure, the coating would inherently have a
density of at least 2.19 gm/cc. Inasmuch as the resulting
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