Ex Parte STRUTT et al - Page 9




          Appeal No. 2002-0928                                                        
          Application 09/315,251                                                      

               We observe that this application is stated to be a division of         
          application Serial Number 09/019,061 which has issued to U.S.               
          Patent Number 6,025,034. Claim 1 in that patent is directed  to a           
          method for producing a nanostructure by steps which include the             
          steps recited in appealed claim 1. The method in the patent further         
          requires adding an organic binder to the liquid medium in which the         
          nanostructured material is dispersed, a step which is not excluded          
          by the method of claim 1 here. Additionally, claim 1 of the patent          
          is specifically directed to spray-drying while claim 1 here is              
          generic to "injecting the solution directly into the feed of a              
          thermal spray apparatus" which includes spray-drying.                       
               The nanostructured materials of claim 2 are set forth in claim         
          3 of the patent. The materials claimed in claims 3 and 4 are set            
          forth in claim 4 of the patent. The materials claimed in claim 5            
          are disclosed at column 8, lines 6 through 13 of the patent and are         
          included by claim 1 of the patent which recites a method                    
          "comprising" various steps. The method of claims  8 through 12 of           
          this application require two cycles of the process of claim 1               
          wherein two layers of nanostructured materials are coated on a              
          substrate. Obviously, claim 1 of the patent may be repeated to              
          obtain coatings of two or more nanostructured materials on a                
          substrate. See column 7, line 61 through column 8, line 13 of the           
          patent.                                                                     
               Notwithstanding the current patent term provisions of 35               

                                          9                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007