Appeal 2007-2910
Application 10/304,881
1 The APS article provides an overview of paints within the coating art,
2 but adds little to what Levine teaches.
3 The ordinary level of skill in the art
4 We look to the evidence of record—the applicant's disclosure, the
5 cited references, and any declaration testimony—in resolving the ordinary
6 level of skill in the art.41 The specification notes that poor wet adhesion of
7 water-based paints, particularly for surfaces previously painted with an
8 alkyd-type coating, was a known problem with known solutions, such as
9 adding cyclic alkylene ureas to vinyl acetate or vinyl acrylic paint
10 formulations.42
11 The APS article shows that those in the art knew to vary the
12 ingredients in paint to achieve different properties in the resulting coating.
13 Robeson teaches the use of stoichiometric amounts of amine curative
14 and epoxy resin without much detail, 43 which evinces a confidence that
15 those in the art would readily apprehend how and why stoichiometric
16 amounts are to be used.
17 Levine reveals advantages and disadvantages to different epoxy
18 resins, which suggests that a person having ordinary skill in the art would
19 and could change the epoxy resin depending on the need.
20 Collectively, the specification and cited references suggest a high
21 degree of sophistication in the coating art. Those in the art knew of wet
22 adhesion problems and solutions. They were familiar with the formulation
41 Ex parte Jud, 2006 WL 4080053 at *2 (BPAI) (rehearing with expanded
panel).
42 Spec. ¶¶0001, 0004 & 0005.
43 Robeson 9:41-10:25; TABLE 7.
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