Appeal No. 2001-1820
Application No. 09/169,280
thus one of ordinary skill in this art would have expected the
product of the reference to be the same as appellants’ product
(Answer, paragraph bridging pages 5-6).
We agree with the examiner that it would have been prima
facie obvious to add the customary additives such as pigments,
from the teachings of Philipp, to the similar sol-gel composition
of Blohowiak to produce a desired color. With respect to
exposure to a space environment, we must first note that the
claims to this method (claims 24-25) recite that the space
environment contains atomic oxygen, ultraviolet radiation, high
energy particles, or a combination thereof (see claim 24,
underlining added). Accordingly, since the elements of the space
environment are recited in the alternative, we must construe
claims 24 and 25 as a method for protecting a substrate from an
environment which has any of the listed elements, including a
normal atmosphere which may include at least atomic oxygen,
ultraviolet radiation from the sun, high energy particles, and
combinations thereof. See
In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed.
Cir. 1997)(The examiner applies to the claim language the
broadest reasonable interpretation of the words in their ordinary
meaning as they would be understood by one of ordinary skill in
8
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