Appeal No. 1998-3205
Application No. 08/272,438
aqueous emulsion-polymerized polymeric binder having a glass transition
temperature from about -35ºC to about +25ºC.
We reverse the examiner’s rejection to the extent that it is predicated on
Bors or Smith.
Turning now to the Bernard reference, we find that Bernard neither discloses
nor suggests a method for improving gloss retention on exposure to light of a dried
coating formed from a coalescent-free aqueous coating composition. On the
contrary, Bernard is drawn to an entirely different field of endeavor, i.e., providing
inherently tacky, emulsion pressure-sensitive adhesive polymers. Furthermore, we
agree with appellants that Bernard would not have suggested a polymeric
composition comprising a polymer having from about 2% to about 20%, by weight
based on the weight of the polymer, of at least one copolymerized ethylenically-
unsaturated active methylene monomer as recited in the appealed claims (see
Appeal Brief, page 9). Accordingly, Bernard does not constitute sufficient evidence
to support a finding of anticipation or a conclusion of obviousness of claims 6-10;
we reverse the examiner’s rejection to the extent that it is predicated on Bernard.
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