Ex Parte Nixon - Page 6



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

               Although the appellant refers to the instant specification             
          (pp. 6-7), and to Yamamori, as teaching particular techniques for           
          minimizing solvent content and achieving a high solids content,             
          appellant has failed to establish that an ordinary artisan would            
          be unable to achieve similar results, within the bounds of the              
          Yamaki disclosure, by exercising routine skill.                             
               The “known” relationship between a composition’s solids                
          content and its viscosity, as elucidated by Stoye, is one of many           
          known factors which would presumably be considered by a person of           
          ordinary skill in the art in balancing solvent content against              
          solids content.  This factor would evidently impose a limit on              
          the amount of solids which can be tolerated.  As we have already            
          discussed, an opposing factor, also recognized in the art, is the           
          need to minimize the volatile organic solvent content of the                
          composition.                                                                









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