Ex parte DONALD W. KELLEY - Page 4

          Appeal No. 94-1550                                                          
          Application 07/893,662                                                      

               As evidence of obviousness of the subject matter defined by            
          the appealed claims, the examiner principally relies on Dessaint.           
          This reference discloses a formulation which includes a                     
          fluorinated acrylic copolymer contained in an organic solvent               
          which is used to waterproof or oilproof construction materials              
          such as wood, concrete, metal and plastic thus rendering these              
          materials resistant to soil, graffiti and bill posting.  See                
          Dessaint at column 1, lines 6-13.                                           
               Apparently recognizing that Dessaint contains no express               
          disclosure of a biologically active ingredient as defined and               
          required by the appealed claims, the examiner alleges in the                
          Answer at page 3 that                                                       
               [i]t is well known in the art to incorporate various                   
               agents such as drugs, sunscreens, attractants,                         
               repellents, etc. depending on the substrate used (bait,                
               human skin, vegetation, etc.), in compositions that                    
               contain fluorinated acrylates as oil/water repellents.                 
          When challenged to provide factual support for this all                     
          encompassing contention of what is well known in the art, the               
          examiner cited Levy.  However, as noted in appellant’s Reply                
          Brief, Levy does not provide factual support for the examiner’s             


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Last modified: November 3, 2007