Interference No. 103,995 Paper 29
Morel v. Sekhar Page 31
A (application ‘115 file, Paper 17).
63. According to APPENDIX A, support for a coating composition comprising
zirconium diboride and colloidal silica can be found at page 4, lines 26-33; page 7, line 26;
page 8, line 21; page 9, lines 10-14; page 10, Table I; page 11, Table III; page 12, lines
15-16; page 13, lines 8-17 and 30; page 17, Table IV; page 18, Table V, sample 5 (the
‘115 file, Paper 17, p. 7).
64. Table V (the ‘115 application, p. 18) describes examples of micropyretic
slurries, including slurries containing zirconium, i.e., samples 5 and 12. Slurry sample 5
contains 10 g powder/6 ml carrier. The carrier is 100 vol % colloidal silica and the powder
is 50 wt % SiC, 5 wt % ZrB , 2 wt % Y O , 20 wt % Ti, and 23 wt % Ni.2 2 3
Thus, sample 5 in Table V in the ‘115 application provides literal support of a
coating composition comprising zirconium diboride and colloidal silica as recited in
Sekhar claim 77, and further comprising silicon carbide (SiC) as recited in Sekhar claim
78.
Morel argues that, notwithstanding the literal support provided by slurry sample 5 in
Table V, attorney remarks on pages 2-4 of “AMENDMENT A” filed September 22, 1995 in
parent application 08/320,960 “confirm” that the disclosure in the later filed ‘115
application “appears to exclude coating compositions and methods which are directed to
glassy or vitrified coatings” (Paper 14, p. 3, ¶ 7 to p. 4, first ¶ 8).
65. AMENDMENT A filed September 22, 1995 in application ‘960 reads
The arguments presented herein were presented in response to the
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