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 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007