Appeal No. 2002-1666
Application 09/394,289
We shall therefore sustain the standing 35 U.S.C. § 112,
first paragraph, rejection of independent claim 1 and dependent
claims 2 through 7.
II. The 35 U.S.C. § 103(a) rejections
Black, the examiner’s primary reference, discloses a spray
gun apparatus (see Figure 1) for applying a weather protective
coating to a building structure. As described in the reference,
[t]he essential concept of this invention involves
a plurality of tubular elements arranged one within the
other through which viscous and solid substances
simultaneously are pressured for discharge from the end
of the outer element as an integrated mixture for
impingement onto a surface requiring a protective
coating.
An applicator embodying the foregoing concept
comprises a plurality of tubular elements 11, 12 and
13, each with some form of a discharging nozzle 14, 15
and 16, respectively, arranged one within the other
with their breech ends structured for connection,
respectively, to sources of a solid substance [e.g.,
glass fiber], a viscous substance [e.g., asphalt], and
air pressure, and their discharging nozzle ends 14, 15
and 16 so related as to cause the two substances to be
integrated into an intimate mixture for discharge from
the nozzle 14 of the outer element 11 for impingement
as a lamina of predetermined pattern on a selected
surface [column 1, lines 44 through 60].
Figure 4 shows the discharge ends of the tubular elements.
Of particular interest is the construction of the nozzle 15.
According to Black:
[t]he nozzle 15 is a dual structure including the
extension 32 and a fitting 48 threaded on the inner,
discharge end of the tube 11, as best shown in FIG. 4.
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