Ex Parte Bang et al - Page 16

               Appeal 2007-0949                                                                             
               Application 10/081,312                                                                       

               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 Tomita in view of Morton, Itoh and Ohmi.                                                

                                                DECISION                                                    
                      The Examiner’s rejection of claims 1-7, 10-12, 18, and 19 under                       
               35 U.S.C. § 103(a) as being unpatentable over Toyoda in view of Ohashi,                      
               Itoh, Tomita, and Morton is AFFIRMED.                                                        
                      The Examiner’s rejection of claim 8 under 35 U.S.C. § 103(a) as                       
               being unpatentable over Toyoda in view of Ohashi, Itoh, Tomita, Morton,                      
               and Kubota is AFFIRMED.                                                                      
                      The Examiner’s rejection of claim 9 under 35 U.S.C. § 103(a) as                       
               being unpatentable over Toyoda in view of Ohashi, Itoh, Tomita, Morton,                      
               and Ohmi is AFFIRMED.                                                                        



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