Ex Parte Dopper - Page 3




             Appeal No. 2006-0559                                                                     3                                     
             Application No. 10/085,527                                                                                                     


             focuses upon controlling the spray parameters of a particle jet used to abrade and roughen                                     
             a substrate prior to coating.                                                                                                  
                    In response to the rejection, appellant merely refers to an amendment after final                                       
             which was submitted in an attempt to overcome the rejection.  However, that amendment                                          
             was not entered by the examiner and, thus, is not before us.  Accordingly, the 35 U.S.C.                                       
             § 112 rejection is summarily affirmed.                                                                                         
                    In considering the 35 U.S.C. § 103 rejections, we shall follow the convention                                           
             adopted by the examiner in interpreting the “spray parameters” recited in claim 1 as                                           
             referring to a spray jet emanating from the recited “particle source”, rather than being                                       
             associated with a subsequently applied ceramic coating.                                                                        
                    With regard to the 35 U.S.C. § 103 rejections, we have carefully considered the                                         
             evidentiary record in light of the positions taken by the examiner and the appellant.  Having                                  
             done so, we conclude that the examiner has established a prima facie case of                                                   
             obviousness with respect to the subject matter on appeal, which the appellant has not                                          
             adequately rebutted.  Accordingly, we shall affirm each of the alternative rejections under                                    
             35 U.S.C. § 103.                                                                                                               
                    First, we note that the claims have been rejected based upon Taylor alone.  Taylor                                      
             (col. 3, line 60 - col. 4, line 14) discloses a method for roughening the tip of a gas turbine                                 
             blade prior to application of a zirconium oxide coating by abrasive grit blasting or,                                          
             alternatively, by using a high pressure pure waterjet.  Taylor further indicates that jet                                      

















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