Appeal 2007-0949
Application 10/081,312
combination of Toyoda in view of Ohashi, Itoh, Tomita, and Morton would
have rendered obvious the claimed purity and density.
Furthermore, Appellants’ argument regarding Ohmi’s temperature
range disclosure for magnesium fluoride (i.e., 150-450°C) is not persuasive.
Ohmi discloses that a temperature range of 150-450°C is preferred for
annealing magnesium fluoride coatings (Ohmi, col. 11, ll. 55-61). Ohmi,
like Itoh, discloses that the density of the magnesium fluoride coating
increases with the application of heat (Ohmi, col. 11, ll. 55-57). In other
words, Ohmi, like Itoh, recognizes temperature (i.e, heat treatment) as a
result-effective variable. Accordingly, it would have been obvious to
optimize the temperature range for Ohmi’s heat treatment to include a
temperature of “at least about 600°C” as recited in claim 9 to achieve the
desired density. In re Woodruff, 919 F.2d at 1578, 16 USPQ2d at 1936-
1937; In re Boesch, 617 F.2d at 276, 205 USPQ at 219; In re Aller, 220 F.2d
at 456, 105 USPQ at 235.
Therefore, we affirm the Examiner’s § 103(a) rejection of claim 9
over Toyoda in view of Ohashi, Itoh, Tomita, Morton, and Ohmi.
35 U.S.C. § 103(a) REJECTION OVER TOYODA IN VIEW OF OHASHI,
ITOH, TOMITA, MORTON, AND KAWAMATA
DEPENDENT CLAIM 14
Appellants argue that Kawamata does not disclose that the magnesium
fluoride coating has a density of at least about 85% and a purity of at least
about 99% as claimed (Br. 9).
10
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