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
contention.
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