Ex Parte Call - Page 5



          Appeal No. 2006-0340                                                        
          Application No. 10/089,315                                                  

          we do not find that one of ordinary skill in the art would                  
          interpret the examiner's citation as being exclusive of a zinc-             
          based alloy.                                                                
               We now turn to the examiner's § 103 rejection over the Zn Al           
          article in view of Hasui.  There is no dispute that the article,            
          like appellant, discloses a method of protecting a submerged                
          marine surface by flame spraying a zinc-based alloy coating on              
          the marine surface.  The article does not teach that the flame              
          spraying is performed by the electric arc, twin wire spraying of            
          the present claims.  However, we concur with the examiner that              
          Hasui evidences the obviousness of employing a twin wire electric           
          arc spraying process for providing a zinc and zinc-based alloy              
          coating on a marine surface.  As noted by the examiner, Hasui               
          discloses that one wire can be zinc and the other can be a zinc-            
          based alloy (column 4, lines 5-25).  Accordingly, for the                   
          reasons set forth at pages 9-11 of the Examiner's Answer, we find           
          that it would have been obvious for one of ordinary skill in the            
          art to employ the twin wire spraying process of Hasui in the                
          process of the cited article for protecting a marine surface from           
          bio-fouling.                                                                
               Appellant submits that "Hasui teaches that to obtain a                 
          suitable protective coating on a marine surface, a pretreatment             
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