Appeal No. 2001-1820
Application No. 09/169,280
Office action dated Feb. 15, 2000, Paper No. 9, page 6). We have
jurisdiction pursuant to 35 U.S.C. § 134.
According to appellants, the invention is directed to a
surface treatment or coating for metal or composite surfaces
using a sol-gel film containing pigment to produce a surface
coating having a suitable appearance and substrate protection
properties, such as corrosion protection and adhesion promotion
(Brief, pages 2-3).
Appellants state that “[e]ach claim stands separately” but
only provide specific, substantive reasons for the separate
patentability of claims 1, 8, 17, 24 and 25 (see the Brief, pages
6 and 7). Therefore, pursuant to the provisions of 37 CFR
§ 1.192(c)(7)(1997), we consider these claims to the extent they
have been separately argued, with all other claims standing or
falling together with claim 1. See also In re Herbert, 461 F.2d
1390, 1391, 174 USPQ 259, 260 (CCPA 1972). A copy of
illustrative independent claims 1 and 24 is attached as an
Appendix to this decision.
The examiner has relied upon the following references as
evidence in support of the rejections on appeal:
Philipp et al. (Philipp) 4,746,366 May 24, 1988
Blohowiak et al. (Blohowiak) 5,849,110 Dec. 15, 1998
(U.S. filing date of Nov. 4, 1996)
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