Appeal No. 2006-1678
Application No. 10/677,869
disclosing a kinetic spraying process" (page 15 of principal
brief, first full paragraph). According to appellants, since
Brogan does not disclose a kinetic spraying process, the
reference "does not teach, suggest, nor make obvious providing a
kinetically sprayed surface with a surface defect therein caused
by the kinetic spray process and repair of this defect utilizing
a thermal spray process selected from a specific group of
thermal spray processes as required by independent claim 1"
(id.). However, as explained by the examiner, Brogan defines
"his 'thermal spraying' to include kinetic (cold gas dynamic)
spraying which sprays particles that are not molten upon
application and to also include flame and plasma spraying which
would provide molten particles upon application" (page 12 of
Answer, last paragraph). As acknowledged by appellants, Brogan
specifically teaches that:
In the context of the present invention, the term
"thermal spraying" is intended to include spraying of
a polymer or polymer particulate with such velocity
that its kinetic energy is sufficient to soften/melt
the polymer or polymer particulate upon impact with a
surface resulting in a coalesced coating of polymer on
the surface [paragraph 0030, first sentence].
We agree with the examiner that Brogan teaches that the
melting or softening of particles before impact is not required,
and paragraphs 0037-0039 indicate that "while it is desired to
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