Ex Parte Rasmussen et al - Page 10



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

               Claims 1, 48 and 49 stand rejected under 35 U.S.C.                     
          § 102(b) as anticipated by Libman.2                                         
               The Examiner finds Libman describes a process of applying              
          phosphor particles to a substrate including the step of                     
          submerging the substrate into a binder solution.  The Examiner              
          recognizes that Libman does not describe the removal rate of                
          the substrate from the binder, however, the Examiner asserts                
          that the substrate must necessarily be removed from the bath                
          and therefore must have a removal rate.  (Answer, p. 6).                    
               Appellants do not argue that Libman does not disclose                  
          emerging a substrate coated with phosphor particles into a bath             
          comprising a binder.  Rather, Appellants argue that the rate of             
          removal of the substrate from the binder was not based upon at              
          least one property of the binder solution.  (Brief, p. 11).                 
               Appellants’ arguments are not persuasive.  Libman                      
          discloses that the binder is used to provide the substrate the              
          ability to withstand further processing steps.  (Col. 10, ll.               
          25-30).  Thus, the application of the binder solution must                  
          necessarily be at a rate that provides the substrate with the               

               2 Appellants have not presented separate arguments for the             
          rejected claims.  Therefore we select claim 1 as representative             
          of the rejected claims.                                                     
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