Ex Parte Rasmussen et al - Page 7



          Appeal No. 2006-0780                                                        
          Application No. 10/331,716                                                  

          After consideration of the present record, we determine that a              
          person of ordinary skill in the art would not have recognized               
          the basis for determining improved adherence.  As such the                  
          Examiner’s rejection on this basis is affirmed.                             
          THE PRIOR REJECTIONS                                                        
               Claims 1-3, 8, 9, 48 and 49 stand rejected under 35 U.S.C.             
          § 103(a) as obvious over Benham in view of Endo.1                           
               The Examiner finds that Benham describes a method of                   
          applying phosphor particles to a substrate that differs from                
          the subject matter of claim 1 in that the rate of removal of                
          the substrate from the binder solution is not provided.  The                
          Examiner properly recognizes that the substrate with the                    
          applied phosphor particles is not maintained in a liquid state.             
          That is, the substrate is removed from immersion in the binder              
          solution.  (Answer, p. 4; Benham, col. 5, lines 20-24).  The                
          Examiner relies on the Endo reference for disclosing that                   
          persons of ordinary skill in the art would have recognized                  
          controlling the withdrawal rate from an immersion bath affects              
          the properties of the coated article.  (Answer, p. 4).                      

               1 Appellants have not provided separate arguments for the              
          rejected claims.  Therefore, we select claim 1 as representative            
          of the rejected claims and will limit our discussion thereto.               
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