Appeal 2007-0950 Application 11/099,264 particles in liquid suspension and not in liquid suspension into the plasma spray jet as suggested by Gambino and to use an appropriate particle (id. 8). With respect to the first ground of rejection, Appellants contend the claim limitation “injecting the suspension into a plasma jet of a plasma spray device” is not taught by Strutt and Peterson (Br. 5). Appellants contend Strutt, at column 7, lines 50-55, as relied on by the Examiner, teaches introducing a suspension as an aerosol into the gas feed of a plasma gun and thus prior to forming the plasma jet exiting the gun (id.). Appellants contend Peterson teaches conventional introduction of powder particles fluidized with feed gas into a plasma jet, but not a suspension of particles in a liquid carrier (id., citing Peterson col. 4, ll. 3-5). Appellants contend Peterson does not disclose that the term “fluidize” connotes “particles entrained in a liquid” but rather uses the term in its common meaning of particles suspended in a gas (Reply Br. 2). Appellants contend Strutt as relied on teaches away from the combination with Peterson because of the introduction of the suspension into the gas feed, as contrasted with Strutt’s “other embodiments which describe introduction points for materials that are not discussed with respect to the second embodiment” relied on (Br. 5-6). Appellants contend Peterson teaches conventional introduction of particles fluidized in feed gas, and not in a liquid, into the flame of a plasma spray gun, and one of ordinary skill in the art would understand the injection locations are limited to those disclosed (id. 6-7). Appellants thus contend impermissible hindsight was used to arrive at the claimed invention by combining these references (id. 7). With respect to the second ground of rejection, Appellants contend Gambino is non-analogous art as it is directed to producing flexible magnets 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: September 9, 2013