Appeal No. 2006-1631
Application No. 10/317,759
22...and as much as about 50 volume percent of the layer 22”
(col. 5, lines 52-54).
The examiner states that Spitsberg’s “50 volume percent of
the layer...is considered to fall within the 40-60 [weight] %
range for both the BSAS and the zirconia” of claim 35 (Answer,
page 8). In response, appellants point out the different unit
proportions (volume % vs. weight %) and argue that the examiner
“still does not address how Spitsberg et al. ‘814 teaches or
suggests the claimed relative weight proportions of
CMAS-reactive material and ceramic thermal barrier coating
material” (Reply Brief, page 8).
The examiner’s above quoted statement is speculative since
it is not supported by any analysis or evidence that shows
Spitberg’s 50 volume percent of BSAS falls within the claim 35
range of “from about 40 to about 60 [weight] % of a CMAS-
reactive material” (i.e., BSAS). Thus, we find that the appeal
is not ripe for resolution of all the issues on appeal before
us.
In responding to this remand, the examiner must choose at
least one of the following options:
Option No. 1: Provide the appeal record with evidence
disclosing properties such as densities of BSAS and YSZ
-3-
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007