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 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007