Appeal 2007-0416
Application 10/634,330
chlorinated rubber in providing excellent film-forming properties and
adhesional affinity for substrates (see Ozawa at col. 10, ll. 22-25).
Accordingly, we fully concur with the Examiner that one of ordinary skill in
the art would have found it obvious to incorporate the claimed chlorinated
rubber in combination with the chlorinated polyolefin of Hellmann with the
reasonable expectation of obtaining equivalent or superior film-forming
adhesive properties.
Appellants contend that the “[e]poxy resins [of Hellmann] cannot be
used as topcoats or base coats since these resins are readily degraded by UV
light [whereas] Applicants’ claims are directed to the use of only binder
components that are stable to UV light exposure and weathering” (principal
Br. 12, second para.). However, Appellants do not present objective
evidence to factually support this assertion, which seems to conflict with
Appellants’ specification disclosing the use of epoxy resins in the base coat
layer (see Specification 6, 12-13).
Appellants also maintain that “primers do not contain the pigments
that are required to provide the desired color to the painted plastic part”
(principal Br. 12, last para.). However, this seems to be in conflict with the
definition of “primer” set forth at page 10 of the principal Brief, namely, as
“First complete coat of paint of a painting system applied to a surface.” In
any event, for the reasons set forth above, we find no patentable distinction
between the so-called base coat layer of Appellants and the primer of
Hellmann.
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