Ex Parte Konrad et al - Page 7

               Appeal 2006-1994                                                                             
               Application 10/253,705                                                                       

                      We are unpersuaded by Appellants’ argument that Sedlmeyr only                         
               heats to cross-link or cure the thermoreactive coating material (Br. 5).                     
               Sedlmeyr discloses that it is known in the coating art to irradiate a coating                
               and its substrate to vaporize (i.e., dry) the coating material and substrate                 
               (Sedlmeyr, col. 1, line 61 to col. 2, line 16).  Sedlmeyr more specifically                  
               discloses that NIR may be used to remove moisture from a substrate (i.e., to                 
               dry the substrate) (Sedlmeyr, col. 4, ll. 39-55).  Also, Sedlmeyr teaches that               
               the vaporization temperature is usually considerably lower than the cross-                   
               linking or curing temperature of thermoreactive powders (Sedlmeyr, col. 2,                   
               ll. 10-13). Thus, any liquid in the coating or substrate will vaporize due to its            
               lower vaporization temperature prior to cross-linking or curing.                             
                      From these disclosures, it is reasonable to find that using NIR to                    
               irradiate a wet or moist  thermoreactive coating, applied by using an                        
               “electrically conducting liquid” or moisture to wet the substrate surface prior              
               to applying the powder, necessarily results in the NIR drying the coating                    
               material prior to cross-linking or curing the material.                                      
                      We perceive no persuasive merit in Appellants’ apparent position that                 
               Sedlmeyr does not specify that lamps are produced using his method.  The                     
               argued claims on appeal also do not specify that lamps are produced by the                   
               claimed method.  Appellants’ claim 1 recitation that their method is used                    
               “for drying wet or moist coating on substrates for lamps” is merely a                        
               statement that the product of the claimed process (i.e., a dried coating on a                
               substrate) is intended to be used in a lamp environment. Such recitation does                
               not result in a manipulative difference between the claimed method and the                   
               prior art.  See, Boehringer Ingelheim Vetmedica, Inc. v. Schering-Plough                     

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