Appeal 2007-2133
Application 10/790,502
coating precursor” for the epoxy nitrile resin are “adapted to polymerize or
to cross-link in response to infrared radiation; and (2) “exposing the nitrile
resin” that has been applied on the plate “to infrared radiation to initiate
polymerization.” Independent process claim 32 has the same two steps, but
applies “a coating consisting essentially of epoxy nitrile” and the “coating
precursor” is exposed to infrared radiation. Process claim 27, dependent on
claim 25, specifies “the epoxy nitrile resin is exposed to infrared radiation
for about less than about forty five minutes.” Process claim 33, dependent
on claim 32, specifies the epoxy nitrile resin is applied by any manner of
“screen printing.”
The plain language of independent product-by-process product claim
29 specifies any fuel cell plate comprising at least any plate characterized by
a “solid coating comprising epoxy nitrile resin” adhering to at least one
surface formed by the process wherein the “solid coating [is] polymerized or
cross-linked in response to infrared radiation at generally ambient
temperatures.” See, e.g., In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964,
966 (Fed. Cir. 1985). Independent product-by-process claim 36 differs only
in “the coating consisting essentially of epoxy nitrile resin” which is not
required to be solid. Claim 37, dependent on claim 36, require the “coating
is less than about 250 µ thick.”
We first consider the claim terms “epoxy nitrile resin” and “coating
precursor.” Appellants state in the Specification that “‘resins’ . . . refer to
polydisperse systems containing monomers, oligomers, or combinations
thereof” (Specification 6:23-25). Appellants further disclose “coating 132
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