Ex Parte Fader et al - Page 13




              Appeal No. 2003-0292                                                                Page 13                 
              Application No. 09/584,032                                                                                  


              to their impact with the substrate surface which is peened and coated when the mixture                      
              of metallic powder and peening particles are propelled against the surface (Fig. 1) at a                    
              high velocity sufficient to peen the surface and impact and bond the metallic powder                        
              onto the surface.                                                                                           


                     Assuming for argument sake that the shot peening particles in Babecki are not at                     
              least partially coated with a sacrificial metal such as zinc when the peening particles and                 
              metallic powder are admixed in a hopper prior to spraying (Example 1), or at the very                       
              least when they are propelled together through the conduit (3) and converging spray                         
              nozzle (6) of Figure 1 , the examiner should determine if it would have been obvious to                     
              one of ordinary skill in the art at the time of appellants’ invention to have the peening                   
              particles in Babecki coated with the sacrificial metallic powder disclosed therein in view                  
              of the teaching in Louis regarding coating a substrate by using carrier particles coated                    
              with metallic powder materials, which coated carrier particles are used to “hammer” the                     
              finely divided metallic particles onto the substrate (Louis, col. 2, lines 29-36), or the                   
              teaching in Louis column 4, lines 18-24 and Example 5, 6 and 7 wherein it appear that                       
              both powdered metallic material and coated carrier particles are used together to                           
              provide a coating on a substrate.                                                                           











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