Appeal No. 2006-1421
Application No. 10/434,397
polymer resin. If so, the examiner should consider applying
this aspect of Lefebvre's disclosure against independent claim 1
as well as other claims including possibly the claims which are
"objected to" but otherwise allowable (i.e., claims 8-14 and
17-21). In this regard, the examiner has not provided the
record with an explanation as to why he considers these last
mentioned claims to be allowable. However, it may be that these
reasons are applicable to Lefebvre's Comparative Sample B
embodiment but are not applicable to Lefebvre's inventive
embodiments wherein metal powder is sequentially coated as
discussed above. Regardless, the examiner should respond to
this decision by providing the written record with his reasons
for regarding any non-rejected claims, which at present are
claims 8-14 and 17-21, as patentable over the teachings of
Lefebvre including patentee's teachings of sequential coatings.
CONCLUSION
The decision of the examiner is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
-10-
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