Interference No. 103,995 Paper 29
Morel v. Sekhar Page 32
identical rejection of the product claims in the parent application of the
present application, Serial Number 07/898,052 now USP 5,364,513.
Perhaps most importantly, the coating of Sara USP 4,559,270 is a glassy
coating, whereas the coating of the present application is not. In accordance
therewith, all the remaining claims [i.e., claims 48-73] have been amended
herein to limit the claims to a method of application to produce a non-glassy
material. All of the claims, as originally filed, were and still are restricted to
sintered coatings.
* * * * *
[S]intering results in materials which are crystalline and sintering does not
involve molten materials or the cooling thereof. Glass, on the other hand, is
clearly an amorphous material, and during its production, melting of its
constituents and later cooling, is required. [The ‘960 file, Paper 17, pp. 2-3,
emphasis in the original.]
66. According to the Examiner’s Statement of Reasons for Allowance, parent
application ‘960 was allowed in response to “AMENDMENT A” because “the limitation
‘non-glassy coating’ in the claims [i.e., claims 48-73] distinguishes over a ‘glassy coating’
as set forth in the reference (Sara)” (the ‘960 file, Paper 6, pp. 1-2).
67. Sekhar filed a petition under 37 CFR § 1.313(b)(5) on April 30, 1996 to
withdraw the ‘960 application from issue “in order to permit consideration of an information
disclosure statement under 37 CFR § 1.97 in a new application” (the ‘960 file, Paper 13).
68. Sekhar’s Rule 313(b)(5) was granted (the ‘960 file, Paper 15) and involved
application ‘115 was filed April 30, 1996 as “continuation of application Serial No.
08/320,960, filed October 12, 1994, which is a divisional of application serial number
07/898,052, filed June 12, 1992, now United States Patent 5,364,513" (the ‘115 file,
Paper 16).
69. A preliminary amendment was filed on April 30, 1996 in the ‘115 application
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