Appeal 2007-0416
Application 10/634,330
interchangeably in the art. For instance, Shiraishi discloses that the same
composition can be used as a base paint or a primer resin (see col. 5,
ll. 53-54 and 64), and the Examiner properly points out that Scopazzi
teaches that the coating composition can contain a pigment and serve as a
base coat or a primer.
In any event, more significant than whether Hellmann’s coating is
labeled a primer or a base coat layer is the fact that Hellmann teaches
coating an initial layer on a plastic substrate, such as an automobile part, that
comprises a composition that contains all the recited components, with the
exception of the recited binder and chlorinated rubber. While Hellmann
discloses an epoxy binder, and Appellants amended the appealed claims to
exclude an epoxy binder, it can hardly be gainsaid that the recited binders
are conventional binders in base coat and primer layers. Indeed, claim 2
recites the base coat composition comprising the specified binders as
“conventional,” and Shiraishi evidences that the recited binders, such as
alkyd resin, acrylic resin, polyester resin, polyurethane resin, etc. are
equivalent to epoxy resin in a base paint or primer composition.
Accordingly, we are convinced that it would have been obvious for one of
ordinary skill in the art to include one of the conventional claimed binders in
the composition of Hellmann.
Also, while Hellmann discloses a chlorinated polyolefin, but not in
conjunction with a chlorinated rubber, the Examiner accurately sets forth
that chlorinated polyolefins are equivalent to or greater than traditional
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