Appeal 2007-1177
Application 10/733,740
fuel process. A composite powder comprising a homogeneous mixture of
zirconia particles and a ceramic material is applied by the low velocity
oxygen fuel process. The ceramic material has a melting temperature
sufficiently low so that it at least partially melts when applied.
Appealed claims 1-4, 6-12, 22, 23, 25, and 26 stand rejected under
35 U.S.C. § 112, first paragraph, description requirement. In addition, the
appealed claims stand rejected under 35 U.S.C. § 103(a) as follows:
(a) claims 5 and 13 over Longo ‘184 in view of Nagaraj;
(b) claims 5 and 13 over Longo ‘343 in view of Nagaraj;
(c) claims 14, 15, and 17-19 over Longo ‘184 or Longo ‘343 in view
of Nagaraj and JP ‘615; and
(d) claims 16, 20, and 21 over Longo ‘184 or Longo ‘343 in view of
Nagaraj further in view of Spitsberg.
We have thoroughly reviewed each of Appellants’ arguments for
patentability. However, we find that the Examiner’s rejections are well
founded and in accord with current patent jurisprudence. Accordingly, we
will sustain the Examiner’s rejections for essentially those reasons expressed
in the Answer, and we add the following primarily for emphasis.
We consider first the Examiner’s rejection of claims 1-4, 6-12, 22, 23,
25, and 26 under § 112, first paragraph, description requirement. It is the
Examiner’s position that the claim recitation “unbound homogeneous
mixture” of the first and second constituents does not find original
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