Ex Parte Heinrich et al - Page 4



         Appeal No. 2006-1096                                                       
         Application No. 10/453,872                                                 
         one of ordinary skill in the art would have found it obvious to            
         perform the cold gas spraying process of Amateau under the                 
         claimed vacuum conditions.                                                 
         While appellants emphasize operational differences between                 
         the cold gas spraying process of Amateau and the detonation                
         process of Eidelman, Eidelman expressly teaches that a problem             
         encountered by another conventional continuous spraying process,           
         turbulent gas flow in the vicinity of the substrate surface, is            
         ameliorated.  Hence, we agree with the examiner that Eidelman              
         would have suggested to one of ordinary skill in the art that              
         problematic turbulent gas flow at the substrate surface can be             
         reduced by using vacuum conditions in a variety of spray                   
         processes, including detonation processes, as well as convention           
         HVOF and cold gas spraying processes.  Also, we are convinced              
         that one of ordinary skill in the art would have readily                   
         appreciated that operating at reduced pressure would save on the           
         amount of carrier gas needed for detonation, HVOF and cold gas             
         spraying processes.  Furthermore, appellants have not informed us          
         of any reason why one of ordinary skill in the art would not have          
         reasonably expected that the advantages disclosed by Eidelman for          
         using vacuum conditions would not translate to cold gas spraying           
         processes.                                                                 

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