Ex parte MARINER et al. - Page 9




          Appeal No. 1999-1136                                                        
          Application No. 08/771,373                                                  


          other words, there are no test data showing to what extent the              
          life of a high-density PBN coated boat is increased over the                
          life of a lower-density PBN coated boat.  Absent such data,                 
          there is no basis for concluding that the 2.19 to 2.2 gm/cc                 
          range claimed by appellants is critical and yields unexpected               
          results vis-a-vis the 1.99 to 2.20 gm/cc range disclosed by                 
          Basche.                                                                     
               Accordingly, rejection (1) will be sustained.                          
          Rejection (2)                                                               
               At page 9 of their brief, appellants acknowledge that                  
          Tanji teaches the use of plural PBN layers, but argue that it               
          does not teach the arrangement of PBN layers recited in claim               
          3.                                                                          
               We note initially that claim 3 does not require that only              
          the outside layer of PBN be of high density, as appellants                  
          seem to assume, but rather is inclusive of structure in which               
          all the layers are high density PBN.  Since Tanji discloses                 
          that PBN which is vapor deposited at 1850-2100° C. forms a                  
          laminar structure (col. 1, lines 35 to 44), having plural                   
          layers as shown in Fig. 1, the boat of Morris, coated in the                
          manner disclosed by Basche, would inherently have a layered                 
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