Ex Parte Chen et al - Page 2




          Appeal No. 2003-2003                                                        
          Application No. 09/746,474                                                  

          subject matter is adequately represented by independent claim 1             
          which reads as follows:                                                     
               1. An article having on at least a portion of its surface a            
          coating having the color of nickel comprising:                              
               at least one basecoat layer comprised of nickel;                       
               color layer comprised of refractory metal nitride or                   
          refractory metal alloy nitride wherein the nitrogen content of              
          said refractory metal nitride or refractory metal alloy nitride             
          is a substoichiometric amount of from about 6 to about 45 atomic            
          percent.                                                                    
               The references set forth below are relied upon by the                  
          examiner as evidence of obviousness:                                        
          Moysan, III et al. (Moysan ‘233)   5,552,233      Sep.  3, 1996             
          Moysan, III et al. (Moysan ‘972)   5,626,972      May   6, 1997             
          Welty et al. (Welty)               6,132,889      Oct. 17, 2000             
          Meckel                             6,196,936      Mar.  6, 2001             
                                                  (filed Jul. 25, 1997)               
               Claims 1-7 and 12-14 are rejected under 35 U.S.C. § 103(a)             
          as being unpatentable over Welty and Meckel; claims 8 and 9 are             
          correspondingly rejected over these references and further in               
          view of Moysan ‘972; and claims 10 and 11 are correspondingly               
          rejected over Welty and Meckel and further in view of Moysan                
          ‘233.1                                                                      

               1 In the “GROUPING OF CLAIMS” section of the brief, the                
          appellants state that “[a]ll the claims on appeal stand or fall             
          together” (brief, page 3).  For this reason and because                     
          separately rejected dependent claims 8-11 have not been                     
          separately argued by the appellants, we will focus on claim 1,              
                                                                  (continued...)      
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