Ex Parte Clarke - Page 5

                Appeal 2007-1675                                                                                
                Application 10/158,708                                                                          
                “polyester, epoxy is a form of acrylic polymer[ ] . . .” (id.).  For the reasons                
                set forth below, we disagree with the Examiner’s assertion.                                     
                       Nevertheless, recognizing that Schulz does not teach an intermediate                     
                layer comprising a cross-linkable resin, a cross-linking agent and chopped                      
                fibers, the Examiner directs attention to Wimmer (Answer 4).  The Examiner                      
                finds that Wimmer teaches a composition comprising a cross-linkable                             
                polyester resin, a cross-linking agent and chopped fibrous filler (Answer 4).                   
                       Wimmer teaches that this composition can be used in the production                       
                of articles, such as bathtubs, to bond one acrylic sheet to another acrylic                     
                sheet (Wimmer, abstract and col. 6, ll. 47-54).  According to Wimmer,                           
                             [t]he essence of the present invention is the discovery                            
                       that adding a monomeric styrene compound, such as styrene                                
                       itself, and chalk or talc to a general purpose thermosetting                             
                       unsaturated polyester resin material results in an improved bond                         
                       between the thermosetting coating and the thermoplastic                                  
                       substrate, particularly when the substrate is made of                                    
                       acrylic . . . .                                                                          
                (Wimmer, col. 2, ll. 26-33.)                                                                    
                       Based on this evidence, the Examiner finds that it would have been                       
                prima facie obvious to a person of ordinary skill in the art at the time the                    
                invention was made to substitute the intermediate layer composition taught                      
                by Wimmer for that taught by Schulz (Answer 4).                                                 
                       Notwithstanding the Examiner’s assertion to the contrary, Schulz does                    
                not teach an acrylic polymer shell and cap.  To the contrary, Schulz teaches                    
                an integral sink bowl and top having an outer layer, both top and bottom,                       
                formed of glass fibers embedded in and reinforcing an outer surface of rigid                    
                resin such as polyester resin (Schulz, col. 1, ll. 52-55).  According to Schulz,                


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