Ex Parte Skoog et al - Page 6

                Appeal 2007-0950                                                                                 
                Application 11/099,264                                                                           

                by thermal spraying, and one of ordinary skill in the art would not look to                      
                such reference with respect to such reference to apply thermal barrier                           
                coating constituents to obtain a high temperature coating (Br. 8).  With                         
                respect to claim 12, Appellants specify “further comprising the step of                          
                separately injecting particulate thermal barrier coating constituents into the                   
                plasma jet of the plasma spray device,” and contend “Gambino illustrates                         
                that the composite particles are already in the plasma flame when it emerges                     
                from the gun” and does not teach this limitation (id. 9, citing Gambino Figs.                    
                1 and 5).  Appellants contend that the disclosure of Gambino’s Fig. 5 relied                     
                on to support a second injector does not do so because “[a]s understood,”                        
                such disclosure shows “only a single injector positioned to inject a                             
                suspension of gas fluidized magnetic particles into the plasma flame to                          
                supplement the composite particles already exiting the plasma torch 10” (id.                     
                9).  Appellants further contend, in this respect, that Gambino’s “Figure 1                       
                fails to show any injector configured to inject a material into the plasma jet,                  
                while Figure 5 shows only a single injector,” in arguing that the reference                      
                does not show a plasma gun and both a liquid injector and a powder injector                      
                as specified for the apparatus encompassed by claim 20 (id. 11).  With                           
                respect to claim 17, Appellants contend one of ordinary skill in the art would                   
                not be motivated to combine Gambino’s teachings of magnetic particles                            
                having a particle size of 20-200 microns with Strutt’s teachings of a particle                   
                size range of 10 to 50 microns (id.).                                                            
                       The issues in this appeal are whether the Examiner has carried the                        
                burden of establishing a prima facie case of obviousness in each of the                          
                grounds of rejection advanced on appeal.                                                         


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