Ex parte BORS et al. - Page 8

          Appeal No. 95-0365                                                          
          Application 07/921,537                                                      

          through the use of factual evidence or sound scientific                     
          reasoning, that the combined limitations would have been obvious            
          to one of ordinary skill in the art at the time of the present              
               As a final matter, we point out that we agree with the                 
          appellants that the contested statement on p. 1 of the                      
          specification  identifies a problem in the prior art which the2                                                              
          present invention seeks to resolve.  We find the examiner’s                 
          statement on p. 9 of the Answer that “[w]hen one, without knowing           
          how it is going to affect his interests, makes a statement which            
          he later attempts to deny when he finds it against his interests,           
          he will not be believed unless he produces convincing proof of              
          his later assertion,” to be unreasonable and unwarranted.  We               
          know of no case law which would support this extreme position.              
               Accordingly, Rejection II is reversed.                                 
               The decision of the examiner is affirmed-in-part.                      

               2The specification states “[a]queous formaldehyde is known             
          to be an excellent and rapid crosslinker for acetoacetate                   
          polymers and specifically for vinyl emulsion polymers with                  
          pendant acetoacetate groups.  However, the crosslinking reaction            
          is very fast and is not controllable, so acetoacetate emulsions             
          to which formaldehyde has been added are very poor film formers             
          and are not generally useful in coating compositions.”                      
          Specification, p. 1., para. 2.                                              

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