Appeal No. 2005-1693
Application No. 10/192,333
2-26. The examiner recognizes that Warby does not deposit the coating using a thermal CVD
process. Nevertheless, the examiner relies on Gleason for its teaching of using a thermal CVD
process to form a (CF2)n-type polymer thin film on articles having biomedical applications.
Answer at 3-4.
The examiner explains that (Answer at 3-4):
[B]ecause WO ‘356 [Gleason] discloses that use of the claimed thermal [method]
to deposit PTFE coatings with monomers such as hexafluoropropylene oxide on
surfaces such as biomedical devices is advantageous over the continuous plasma
method such as that shown in WO ‘154 [Warby] in that the deposited coatings’
properties more closely resemble those of bulk PTFE which are advantageous for
biomedical devices and such methods allow for coating on temperature sensitive
substrates (page 1, lines 14-25, page 2, lines 14-26, page 3, line 14 to page 6, line
28, examples), it would have been obvious to have applied the PTFE coatings on
the MID [medical inhalation device] surfaces using the processes described in
WO ‘356 [Gleason] so as to achieve the superior coatings having properties
similar to bulk PTFE and to allow for coating on the temperature sensitive
substrates.
The appellant argues that there is no motivation or suggestion in the cited art to coat the
components of the medicinal inhalation device of Warby with a fluorocarbon polymer film using
the claimed thermal CVD process. Specifically, the appellant argues that Warby does not
recognize the disadvantages associated with the disclosed plasma deposition process. Therefore,
Warby would not have suggested alternative deposition processes, such as the thermal CVD
process disclosed in Gleason. Brief at 4-5.
The appellant’s argument is not persuasive. Significantly, one cannot show
nonobviousness by attacking a reference individually, as the appellant has done, where the
rejection is based on a combination of references. In re Keller, 642 F.2d 413, 425, 208 USPQ
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007