Ex Parte Rasmussen et al - Page 8



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

               Appellants argue that Benham does not teach or suggest                 
          removing the substrate from the binder solution at “a rate                  
          selected based upon at least one property of the binder                     
          solution” (Brief, p. 8).                                                    
               Appellants’ argument is not persuasive.  Benham discloses              
          that the purpose of the invention is to provide high quality                
          and high efficient phosphor coatings.  (Column 5, ll. 25-29).               
          Claim 10 of Benham discloses that suitable immersion times are              
          up to approximately five minutes.  Thus, a person of ordinary               
          skill in the art would have recognized from the disclosure of               
          the Benham reference that the phosphor coated substrate should              
          have been submerged in the binding solution for a sufficient                
          time so as to provide the desired high quality and highly                   
          efficient phosphor coatings.  Appellants have not set forth a               
          specific removal rate or identified specific properties of the              
          binder solution used to determine the removal rate.  As such,               
          Appellants have not described their invention in a manner that              
          avoids the teachings of the cited prior art.                                
               The Examiner rejected claims 4-6 under 35 U.S.C. § 103(a)              
          over the combined teaching of Benham, Endo and Evans.  The                  
          Examiner also rejected the subject matter of claim 7 under 35               

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