Appeal No. 2006-1096
Application No. 10/453,872
Alkhimov et al. (Alkhimov) 5,302,414 Apr. 12, 1994
Eidelman 2003/0207042 A1 Nov. 6, 2003
Amateau et al. (Amateau), “High-Velocity Particle Consolidation
Technology,” iMAST Quarterly 2000, pp. 3-4 (Vol. 2, Penn State,
2000).
Appellants’ claimed invention is directed to a process for
producing a coating on a work piece by a cold gas spraying
process wherein the process is carried out at a pressure below
800 mbar. According to appellants, “[b]y virtue of conducting
the process in a vacuum, substantially less carrier gas e.g.
helium, can be used . . . and the instant process substantially
diminishes a ‘braking’ effect otherwise resulting from the use of
ambient air” (page 2 of principal brief, third paragraph). Also,
by reducing the consumption of carrier gas, it is “possible to
select the carrier gas according to its properties and not
according to its economical availability” (page 3 of
specification, third paragraph).
Appealed claims 1-5, 8-10 and 15-18 stand rejected under
35 U.S.C. § 103(a) as being unpatentable over Amateau in view of
Eidelman. Claim 11 stands rejected under 35 U.S.C. § 103(a) as
being unpatentable over the stated combination of references
further in view of Alkhimov.
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