Ex Parte Philip et al - Page 7



               Appeal 2007-1177                                                                          
               Application 10/733,740                                                                    

               not necessary for a finding of obviousness that all the compositions                      
               disclosed by Longo ‘184 meet the claimed requirements.                                    
                     Turning to the § 103 rejection of claims 5 and 13 over Longo ‘343 in                
               view of Nagaraj, the issues briefed by Appellants and the Examiner are                    
               essentially the same as those discussed above.  As for Appellants’ argument               
               that “dependent claim 23 recites that the thermal barrier coating is porous”              
               (principal Br. 10, fourth para.), the Examiner notes that claim 23 is not                 
               rejected over Longo ‘343.                                                                 
                     We further note that Appellants do not present additional substantive               
               arguments for the separate § 103 rejections of claims 14, 15, 17 and 19, or               
               claims 16, 20 and 21.                                                                     
               As a final point, we note that Appellants base no argument upon                           
               objective evidence of nonobviousness, such as unexpected results, which                   
               would serve to rebut the inference of obviousness established by the applied              
               prior art.                                                                                
                     In conclusion, based on the foregoing and the reasons well stated by                
               the Examiner, the Examiner’s decision rejecting the appealed claims is                    
               affirmed.                                                                                 
                     No time period for taking any subsequent action in connection with                  
               this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2006).                     
                                              AFFIRMED                                                   


               clj                                                                                       
                                                   7                                                     



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