Appeal No. 2006-2660
Application 10/007,021
and substrate/alkaline copper/acid copper/semi-bright nickel/bright nickel” (col. 6, ll. 27-41).
Each of these five structures satisfy the requirement for a coating of nickel on a substrate in
claims 22 and 32, as we have interpreted these claims above, as none contains an outer chrome
layer. Foster makes clear that these structures are further coated with refractory metal and
refractory metal compound layers by vapor deposition (col. 6, l. 42, to col. 7, l. 22).
With respect to appellants’ second contention, we find as a matter of fact that, as
appellants point out, Foster as a whole describes to one skilled in the art that the refractory metal
or refractory metal alloy layer is always deposited directly on the plated metal layer, and a
refractory metal or refractory metal alloy compound layer is always deposited on the refractory
metal or refractory metal alloy layer. Foster explains that “[g]enerally the refractory metal or
refractory metal alloy layer functions, inter alia, to improve the adhesion of a layer comprised of
refractory metal compound, refractory metal alloy compound, reaction products of refractory
metal or refractory metal alloy, oxygen and nitrogen to the electroplated article,” and is
preferably zirconium, titanium or zirconium-titanium alloy (col. 8, ll. 34-51). Foster further
explains that the refractory metal compound or refractory metal alloy compound layer “generally
provides wear resistance, abrasion resistance and the desired color or appearance,” and is
preferably zirconium nitride or zirconium-titanium alloy nitride (col. 8. l. 66, to col. 9, l. 5). We
note here that appellants disclose the same functions for the metal strike layer and the metal
compound outer layer in the written description in the specification (e.g., pages 8 and 9).
Based on this substantial evidence, we are of the opinion that Foster describes to one
skilled in the art armed with the knowledge in the art an article at least a portion of the surface of
which is coated with layers consisting essentially of or comprising a nickel layer, a strike layer
directly contacting the nickel layer which is a zirconium, titanium or zirconium-titanium alloy
metal and an outer coating directly contacting the metal strike layer which is a zirconium
compound, a titanium compound or a zirconium-titanium alloy compound in which the outer
layer is further uncoated. Indeed, Foster describes the articles thereof as coated for the purposes
stated therein when the metal layer has deposited directly thereon a metal compound layer, and
thus one skilled in the art would have been in possession of the claimed coated article
encompassed by claims 22 and 32.
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