Ex Parte Ackerman et al - Page 13


                  Appeal 2007-0687                                                                                         
                  Application 10/797,422                                                                                   
             1           We decline the Appellants’ invitation.  One of ordinary skill in the art                          
             2    is presumed to have skills apart from what the prior art references expressly                            
             3    disclose.  Spence discloses that the alumina/silica sol may be deposited on a                            
             4    substrate by infiltration, spray, brush application, dipping, and immersion-                             
             5    evaporation techniques..  Spence, col. 10, ll. 42-44.  Substrates include                                
             6    various ceramics.  Spence, col. 4, ll. 40-42.  Spence also discloses that care                           
             7    must be taken in the coating procedure to assure complete coverage of the                                
             8    substrate.  Spence, col. 10, ll. 18-19.                                                                  
             9           We find that one of ordinary skill in the art would have understood                               
           10     that the length of time a substrate, such as ceramic, is treated with the                                
           11     alumina/silica sol disclosed in Spence depends on a number of factors,                                   
           12     including the porosity of the layer treated and the manner in which the                                  
           13     alumina/silica sol is deposited.  See Specification, p. 13, ll. 1-6 (time                                
           14     required for sufficient infiltration depends on a variety of factors well known                          
           15     to those skilled in the art).  We further find that optimal treatment times                              
           16     could be determined by one of ordinary skill in the art through routine                                  
           17     experimentation.                                                                                         
           18            For these reasons, it is reasonable to conclude that the time periods                             
           19     recited in claims 29 and 30 do not impart patentability to the claimed                                   
           20     process.                                                                                                 
           21                   3.     Claims 32-35 and 372                                                                
           22            The method of claim 32 requires that a “turbine component is in an                                
           23     assembled state” when the porous outer layer on the turbine component is                                 
           24     treated with the liquid composition comprising an alumina precursor.                                     
                                                                                                                          
                  2 The Appellants argue claims 32-35 and 37 as a group.                                                   
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