Ex Parte SEITZ et al - Page 10




          Appeal No. 2002-0895                                                        
          Application No. 09/402,552                                                  


          Under these circumstances, it is reasonable to conclude that                
          Boxall necessarily or inherently forms a titanium diboride                  
          coating having the claimed porosity since being able to bond, as            
          indicated supra, is dependent on the porosity of a coating.                 
               In any event, the tenor of Boxall indicates that the                   
          formation of a substantially non-porous or impervious corrosion-            
          resistant coating is well within the level of one of ordinary               
          skill in the art.  See, e.g., column 3, lines 19-60.  Thus, we              
          determine that Boxall would have at least suggested the formation           
          of a titanium diboride coating having the claimed porosity.  This           
          is buttressed by Mills which teaches the formation of coatings              
          having higher densities and higher bond strength using plasma               
          spraying.  See page 363, column 1.                                          
               The appellants argue that the pressure condition recited in            
          dependent claim 21 is not taught or suggested by the applied                
          prior art references.  We disagree for the reasons well                     
          articulated by the examiner at page 9 of the Answer.  In                    
          particular, we agree with the examiner that the claimed pressure            
          of “at least 500 mbar” includes any pressure above approximately            
          0.493 atmosphere, thus including the normal or close to normal,             
          atmospheric condition or pressure taught by both Mills and                  
          Boxall.  Moreover, we determine that the optimization of                    

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