Ex Parte Nixon - Page 3



          Appeal No. 2005-0484                                                        
          Application No. 09/888,696                                                  

               The appellant relies upon the following two references:                
          Yamamori et al. (Yamamori)  2002/0011177 A1         Jan. 31, 2002           
          Stoye et al. (Stoye), Resins for Coatings, pp. 28, 29, 33, 34,              
          285.1                                                                       
               All of the appealed claims stand rejected under 35 U.S.C.              
          § 103 for obviousness in view of Yamaki.                                    
               The appellant stipulates on page 2 of the brief that all of            
          the rejected claims stand or fall together for purposes of                  
          appeal.  Accordingly, we shall limit our consideration to claim             
          1 in reviewing the rejection at issue.                                      
               We have carefully reviewed the entire record in light of the           
          opposing positions taken by the appellant and the examiner.                 
          Having done so, we conclude that the examiner has established a             
          prima facie case of obviousness which has not been rebutted by              
          the evidence relied upon by the appellant.  Accordingly, we shall           
          affirm the examiner’s rejection.                                            
               As noted by the examiner, and not disputed by the appellant,           
          Yamaki discloses an ambient temperature curing coating                      



               1Stoye has been cited for the first time in appellant’s                
          reply brief.  Presumably, Stoye is a published text, although no            
          publication date has been given by appellant, and none is evident           
          from the copy included in the reply brief.                                  
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