Appeal No. 95-3425
Application 08/000,527
although Padget discloses a composition which comprises the
presently claimed hard emulsion polymer and soft emulsion
polymer, the reference composition, owing to all its components,
is a contact adhesive, not a paint.
The examiner’s rationale that “[t]he term paint relates to a
future intended use of the composition made from the instantly
claimed method” (page 3 of Answer) is not well taken. The
claimed term “paint” defines a composition that is understood by
one of ordinary skill in the art to possess certain, essential
characteristics and properties, one of which is not to bond two
substrates, as the contact adhesive of Padget.
Regarding the rejection of the appealed claims under § 103,
the examiner has not supplied any explanation why one of ordinary
skill in the art would have been motivated to modify the contact
adhesive composition of Padget in such a way as to produce a
paint composition, and none is apparent to us. Manifestly,
Padget fails to provide any teaching or suggestion of modifying
the disclosed contact adhesive into a paint.
In conclusion, based on the foregoing, the examiner’s
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
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