Appeal No. 2005-0638
Application No. 10/087,301
disclosure or suggestion in any part of Von Kohorn, Severini, or
Guertin relating to on/off valves, or any structure that would
produce intermittent coating.
Accordingly, we determine that the examiner has no factual
support, on this record, for the finding that Von Kohorn
discloses “changing the application period by turning the spray
nozzles on and off” (Answer, page 3), the findings that Severini
discloses a coating station that indirectly “drips by means of a
pipe (column 4, lines 43-48) a substantially uneven coating” and
changes “the application period by turning the spray nozzles on
and off” (Answer, page 4), or the findings that Guertin discloses
a coating station that “directly sprays or drips a substantially
uneven coating” and changes “the application period by turning
the spray nozzles on and off” (Answer, page 5).
For the foregoing reasons and those stated in the Brief and
Reply Brief, we determine that the examiner has not established
that every claimed limitation has been disclosed or described by
Von Kohorn, Severini, or Guertin within the meaning of 35 U.S.C.
§ 102(b). Therefore we cannot sustain the examiner’s rejections
under section 102(b) over Von Kohorn, Severini or Guertin.
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