Appeal No. 2002-2221
Application No. 08/847,946
below. That is, the radiant energy pulse used to apply the coating material affects the bulk
structure of the substrate. The Examiner acknowledges that the substrate is affected by the
application of the coating material. Specifically the Examiner states “only a small portion of
the substrate is affected and the beam is controlled.” (Answer, p. 4). The Examiner does
not suggest a remedy or direct us to evidence that remedies this deficiency in Draper.
We are cognizant that the metal layer contains a native oxide layer on the surface.
The present record does not indicate the thickness of the oxide layer. It is possible that the
oxide layer is the only layer that is affected by the radiant energy pulse used in Draper.
However, the Examiner has not made this assertion nor has the Examiner directed us to
evidence which would support this position.
For the foregoing reasons, we determine that the Examiner’s conclusion of
obviousness is not supported by facts. “Where the legal conclusion [of obviousness] is not
supported by facts it cannot stand.” In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173,
178 (CCPA 1967). Accordingly, the Examiner’'s rejection of claims 1 to 12 over Draper is
reversed.
-5-
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007