Ex parte DONALD W. KELLEY - Page 7

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

          presence of a substantial amount of polyurethane.  In support of            
          this argument, appellant refers to the file wrapper of the                  
          Dessaint patent in which the Dessaint invention was characterized           
          as containing four “essential” constituents inclusive of a                  
          polyurethane component.  This argument was apparently made in               
          that prosecution to distinguish the Dessaint claims from the                
          disclosure of U.S. Patent No. 4,366,300 to Delescluse.  See the             
          letter attached as Appendix II to appellant’s Brief.                        
               Like Dessaint, Delescluse also discloses a formulation which           
          includes a fluorinated acrylic copolymer in an organic solvent              
          used to protect construction materials against spotting or                  
          staining, for example, from unlicensed bill-sticking and                    
          projections or spraying of liquid paints (i.e., graffiti).  See             
          Dessaint at column 1, lines 6-20.  More specifically, Delescluse            
          teaches that the protection may be provided against deposits or             
          stains from atmospheric dust with eventual development of                   
          vegetative mosses (column 1, lines 14-16).  Importantly,                    
          Delescluse further teaches that if it is desired to increase the            
          fungal or bactericidal protection of such materials,                        
          anticryptogamic agents (agents which exhibit fungistatic or                 
          fungicidal action) or bactericides may be incorporated into such            


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