Appeal 2007-0888
Application 10/083,588
silicone rust-protective coating to bonding tools formed of a material subject
to rusting such as titanium carbide and tool steel (col. 8, ll. 35-46).
Evans describes a method for the coating substrates of tools that
receive some physical wear during use so that the substrate is wear-resistant,
decorative, and corrosion free even after substantial use (col. 3, ll. 59-64).
Evans discloses the corrosion resistance protective thermoplastic polymer
coating comprising parylene, a generic term for unsubstituted and
substituted poly-p-xylenes, for hard metal layers such as titanium carbide
(col. 2, ll. 30-36; col. 3, l. 66 to col. 4, l. 10; col 5, ll. 44-54).
Principles of Law
Obviousness under 35 U.S.C. § 103 does not require absolute
predictability of success. In re O’Farrell, 853 F.2d 894, 903-04, 7 USPQ2d
1673, 1681 (Fed. Cir. 1988). For obviousness under § 103, all that is
required is a reasonable expectation of success. Id.
The motivation to combine or modify the references does not have to
be identical to that of Appellant to establish obviousness. In re Kemps,
97 F.3d 1427, 1430, 40 USPQ2d 1309, 1311 (Fed. Cir. 1996).
Analysis
Appellant argues that the Examiner’s conclusion of obviousness is
incorrect as the present invention is not utilizing parylene coatings for wear
resistant and corrosion resistant properties described by Evans, and
therefore, is not solving the same problem as the presently claimed invention
(Br. 8). The motivation to combine or modify the references does not have
to be identical to that of Appellant to establish obviousness. Since parylene
4
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