Ex Parte Clark et al - Page 4


          Appeal No. 2004-0977                                                        
          Application No. 10/043,762                                                  

               With regard to appellants’ argument that the applied art               
          does not suggest predicting the outdoor durability of a first               
          coating relative to at least one other set of coatings, we find             
          that claim 1 recites “a method for predicting the outdoor                   
          durability of a first coating relative to the outdoor durability            
          of at least one other of a set of coatings.”  Brief, pages 5-6.             
          Again, all that is required is a method of conducting tests on              
          different coatings and comparing the results of such tests with             
          each other.  As pointed on pages 5-6 of the answer, the examiner            
          clearly explains how Okazaki teaches the concept of conducting              
          tests on different coatings and comparing the results of such               
          tests with each other.  Hence, this aspect of the claimed                   
          invention is suggested by Okazaki.                                          
               Finally, appellants argue that Dudler “merely discloses                
          that the use of chemiluminescence can be executed on samples                
          exposed for varying times in different artificial weather                   
          instruments,” and that Dudler does not teach that                           
          chemiluminescence scanning can be used to predict the outdoor               
          durability of a coating.  Brief, page 6.  Appellants state that,            
          to the contrary, Dudler states that extrapolation is not yet                
          achievable, and refers to the Abstract of Dudler.                           
               On pages 8-9 of the answer, the examiner rebuts and states             
          that extrapolation is not what is being claimed.  We agree for              
          the reasons discussed above regarding the word “predicting”.  We            
          reiterate that what is claimed is a method that involves                    
          conducting chemiluminescence tests on different coatings and                
          making a comparison of the results in order to determine outdoor            
          durability of such coatings as compared with each other.                    
               As pointed by the examiner on page 9, Dudler teaches aging             
          organic coatings, analyzing aged coatings using                             
          chemiluminescence testing, and comparing the results to                     

                                          4                                           



Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November 3, 2007