Ex Parte Ackerman et al - Page 16


                  Appeal 2007-0687                                                                                         
                  Application 10/797,422                                                                                   
             1    on to establish that the claimed process and the process described in                                    
             2    Ceramics and Glasses prima facie produce the same product.                                               
             3           The Appellants do not disclose that other steps are necessary to                                  
             4    thermally convert aluminum alkoxide to finely divided alpha alumina.                                     
             5    Therefore, based on the record before us, we find that one of ordinary skill                             
             6    in the art would have expected the thermally produced alpha alumina                                      
             7    described in Ceramics and Glasses to be finely divided.                                                  
             8                  5.     Claims 32 and 38                                                                    
             9           Claim 38 reads as follows:                                                                        
           10            The method of claim 32 wherein step (1) comprises providing a                                     
           11            refurbished thermal barrier coating that overlays the metal                                       
           12            substrate of the turbine component.                                                               
           13                                                                                                              
           14            The Examiner found that Rigney teaches repairing a damaged turbine                                
           15     component by removing the entire thermal barrier coating, repairing the                                  
           16     metal component at the discrete location of the damage, and reapplying the                               
           17     thermal barrier coating.  Answer 8.                                                                      
           18            The Appellants argue that Rigney prefers to use metallic coatings for                             
           19     the disclosed repair process.  Therefore, the Appellants argue that there                                
           20     would have been no motivation to use alumina in the repair process of                                    
           21     Rigney.  Br. 15-16.                                                                                      
           22            The Examiner merely relies on Rigney to establish that it was known                               
           23     in the art to refurbish the ceramic thermal barrier coating of a turbine                                 
           24     component.  Significantly, one cannot overcome a rejection based on a                                    
           25     combination of references under 35 U.S.C. § 103(a) by attacking the                                      
           26     references individually.                                                                                 


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