Ex Parte Lytle - Page 2




          Appeal No. 2004-0778                                                        
          Application No. 10/172,933                                                  

          forth in representative independent claim 1 which reads as                  
          follows:                                                                    
               1. A method of making a magnetically attractive coating                
          composition consisting of the steps of:                                     
               providing a paint; and                                                 
               mixing iron particles with the paint to produce a mixture,             
          wherein the concentration of the iron particles in the mixture is           
          about 70 to about 85 wt.%.                                                  
               The reference set forth below is relied upon by the examiner           
          as evidence of obviousness:                                                 
          Deetz                    5,843,329           Dec. 1, 1998                   
               All of the appealed claims stand rejected under 35 U.S.C.              
          § 103(a) as being unpatentable over Deetz.1                                 
               We refer to the brief and reply brief and to the answer for            
          a complete exposition of the contrary viewpoints expressed by the           
          appellant and by the examiner concerning the above noted                    
          rejection.                                                                  
                                       OPINION                                        
               For the reasons set forth in the answer and below, we will             
          sustain this rejection.                                                     


               1 As indicated on page 4 of the brief, the claims on appeal            
          will stand or fall together.  Accordingly, we will focus on                 
          independent claim 1, which is the broadest claim before us, as              
          representing the rejected claims.  See 37 CFR                               
          § 1.192(c)(7)(2003).                                                        
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