Ex parte KLIMA et al. - Page 2




          Appeal No. 96-3069                                                           
          Application No. 08/206,231                                                   


               This is an appeal from the final rejection of claims 6-9                
          and 11-20, all the claims remaining in the present                           
          application.  Claims 6 and 14 are illustrative:                              
               6.  An aqueous-based paper or paper board coating                       
          composition consisting essentially of a pigment, a binder, and               
          a lubricant additive selected from the group consisting of a                 
          polyoxyalkylene mono- and di-ester of phosphoric acid, a                     
          polyoxyalkylene mono- and di-ester of a phosphoric acid salt,                
          and a mixture thereof.                                                       
               14. The process of applying an aqueous-based coating                    
          composition consisting essentially of a pigment and a binder                 
          to a rapidly moving paper or paper board web consisting of                   
          contacting said web with a lubricant additive selected from                  
          the group consisting of a polyoxyalkylene mono- and di-ester                 
          of phosphoric acid, a polyoxyalkylene mono- and di-ester of a                
          phosphoric acid salt, and a mixture thereof.                                 
               The examiner relies upon the following references as                    
          evidence of obviousness:                                                     
          Woodward                            4,183,766        Jan. 15, 1980           
          Yoshioka et al. (Echuca)            4,717,452        Jan.  5, 1988           
          Nikoloff et al. (Nikoloff)          4,766,015        Aug. 23, 1988           
               Appellants' claimed invention is directed to an aqueous-                
          based composition for coating paper or paper board consisting                
          essentially of a pigment, a binder and a polyoxyalkylene                     
          phosphate ester.  The polyoxyalkylene phosphate ester is                     
          employed as a lubricant.  Appealed claim 14 is directed to a                 



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