Ex Parte KRIENKE et al - Page 3




          Appeal No. 2001-1820                                                        
          Application No. 09/169,280                                                  

               The claims on appeal stand rejected under 35 U.S.C. § 103(a)           
          as unpatentable over Philipp (Answer, page 3).  Claims 1, 3, 7,             
          8, 17, 24 and 25 stand rejected under 35 U.S.C. § 103(a) over               
          Blohowiak in view of Philipp (Answer, page 4) and also under the            
          judicially created doctrine of obviousness-type double patenting            
          over claims 1-7 of Blohowiak in view of Philipp (Answer, page 7).           
               We affirm all of the examiner’s rejections on appeal                   
          essentially for the reasons stated in the Answer and those                  
          reasons set forth below.                                                    
          OPINION                                                                     
               A.  The Rejection under § 103(a) over Philipp                          
               The examiner finds that Philipp teaches a method of                    
          producing a zirconium (Zr)- silicon (Si) sol-gel coating on metal           
          substrates such as aluminum and titanium, which uses a mixture of           
          alkoxyzirconium compounds, a pigment as a colorant, acetic acid             
          as a condensation catalyst, and an organosilane coupling agent              
          (Answer, page 3).  The examiner further finds that Philipp                  
          teaches specific examples of tetra-ethyl orthosilicate (TEOS)               
          which is applied to a primed (cleaned and activated) substrate,             
          and subsequently dried by heating (id.).                                    
               The examiner finds that Philipp fails to disclose or teach             
          some of the claimed functional language, e.g., the orientation of           

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