Ex Parte Fuller et al - Page 6



         Appeal No. 2006-1678                                                       
         Application No. 10/677,869                                                 

         thermally spray above Tm (the softening temperature), it is                
         perfectly possible for the polymer to be deposited at a                    
         temperature below Tm, and then post heated to provide the                  
         coalesced coating desired" (page 13 of Answer, first paragraph,            
         last sentence).  Hence, we agree with the examiner that the                
         "cold gas dynamic spraying" of Brogan corresponds to the claimed           
         kinetic spraying.  Indeed, appellants acknowledge that "[c]old             
         gas dynamic spraying which is equivalent to kinetic spraying               
         always means that there is no thermal softening of the particles           
         being sprayed and that they strike a surface to be coated in the           
         same physical state as they began" (page 14 of principal brief,            
         second paragraph).  Also, we concur with the examiner's                    
         rationale that:                                                            
              While Brogan describes the defects as occurring after                 
              the coating through wear, it would have been obvious                  
              to one of ordinary skill in the art to modify Brogan                  
              to repair a conical defect or other defect caused by                  
              the kinetic spraying process itself within an                         
              expectation of providing a desirably repaired coating,                
              because Brogan teaches to repair a worn down and                      
              defective coating in general by recoating where the                   
              defects are caused by impact, wear or abrasion                        
              processes by remelting and thermally spraying coating                 
              that coalesces with the old coating and conical                       
              defects or other kinetic spraying defects in the                      
              coating . . . [page 14 of Answer, first full                          
              sentence].                                                            


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