Ex Parte Gioia et al - Page 4




              Appeal No. 2003-1463                                                                  Page 4                
              Application No. 09/536,341                                                                                  


              According to Babka, the impact of the oil striking each flange may cause some                               
              atomization but, at any rate, the film formed on each succeeding flange is thinner                          
              because of the increased rotational velocity imparted to the oil and because of the                         
              increased area of each succeeding flange (page 2, lines 28-34).  Babka further explains                     
              (page 2, lines 42-48) that                                                                                  
                            [i]n order to enable a very small quantity of oil to be handled                               
                            with uniformity the end of the goose neck 16 is preferably                                    
                            adjusted quite close to the inner ring 7 so that the rotating                                 
                            surface will pull the oil evenly out of the opening and prevent                               
                            the formation of drops.                                                                       
                     Appellants argue on pages 9 and 10 of their brief that Babka is not directed to a                    
              powder coating system and that the examiner has failed to specify how the goose neck                        
              extension 16 can accommodate an air-powder mixture, pointing out that the goose neck                        
              extension, which is “directed almost immediately into a circumferential wall,” along with                   
              the slot structure 17 of Babka would quickly cause the chamber to clog up with powder                       
              if used as a powder coating system.                                                                         
                     In response, the examiner references Babka’s disclosure in column 1, lines 14-                       
              18, that the rotary atomizer can be used for other purposes and urges that, since                           
              Babka’s device has all the claimed limitations, there is nothing that would preclude it                     
              from being used “for spraying a powder coating product” and that, since Babka’s cavity                      
              does in fact accommodate a feed pipe, it is capable of performing the function of                           
              accommodating an air-powder mixture feed pipe as recited (answer, page 6).                                  








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