Ex Parte Jones et al - Page 2

               Appeal 2007-3256                                                                             
               Application 10/900,619                                                                       
               effect of the other (Specification [0005]).  Claim 1 is illustrative of the                  
               invention and is reproduced below:                                                           
                      1. A substrate coated with one or more coating layers, wherein at                     
               least one coating layer comprises a color effect composition, and at least one               
               coating layer comprises a tactile effect composition, wherein both the color                 
               effect and the tactile effect are present.                                                   
                      The Examiner relies on the following prior art references to show                     
               unpatentability:                                                                             
               Mitsuru (JP’976) JP Hei 8[1976]-208976 Aug. 13, 1996                                         
               Munro US 2003/0125416 A1 Jul. 3, 2003                                                        
                      The Examiner made the following rejections:                                           
                      1.  Claims 1 and 2 under 35 U.S.C. § 102(b) as anticipated by JP ‘976.                
                      2.  Claims 1-14 under 35 U.S.C. § 102(b) as anticipated by Munro.                     
                      3.  Claims 1-14 are provisionally rejected under the judicially created               
               doctrine of obviousness-type double patenting as unpatentable over claims                    
               1-7, 26-32, 35-36, 38, and 45-51 of copending Application No. 10/034,825.                    

                                             BACKGROUND                                                     
                      The Examiner finds that JP ‘976 discloses a coating composition                       
               comprising pigmented microbeads in a resin composition (Answer 3).  The                      
               Examiner further finds that the JP ‘976 coating composition, when applied                    
               to a substrate, has a desired color and a desired feel (Answer 5).                           
                      The Examiner finds that Munro discloses the invention as claimed                      
               with the exception of an express disclosure of a “tactile effect composition.”               
               However, the Examiner maintains that the coating taught by Munro would                       
               inherently provide some type of coating feel or tactile property (Answer 5).                 
                      The Examiner concludes that JP ‘976 anticipates appealed claims 1                     
               and 2 and that Munro anticipates claims 1-14.                                                

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