Appeal No. 2006-0435
Application 10/028,173
effectively eliminate or reduce cracking of the surface coating in view of the soft, pliant
nature of the underlying cloth substrate. In other words, in order to generate sufficient
force on the surface coating from the rolls, an ordinary artisan might well expect that the
cloth substrate would have to be substantially compressed. In this regard, we note that
the cloth substrate is generally a porous fabric according to Allen.
Second, we note that at least in some applications the coating layer is likely to be
present throughout a significant portion of the cloth as in Allen (col. 5, lines 16-22).
Certainly in those applications an artisan would understand that
the requisite compression/deformation necessary to prevent cracking of the coating may
very well require more than superficial compression of the entire coated cloth. In this
context we are well aware that Fan (page 2, para. 20) does not require impregnation of
the carbon cloth and, indeed, considers it undesirable. Nevertheless, where
impregnation is mandated (as in Allen), the requisite compression to reduce cracking
would no doubt be considerable. Appellant has not shown otherwise.
Thus, selection of a particular value or range for a recognized result-effective
variable (here compression or compressive force) to achieve optimum results is
considered to be, prima facie, within the realm of ordinary skill absent a showing of any
unexpected result. See In re Boesch, 617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA
1980); In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
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