Appeal No. 95-0442
Application 08/026,183
resins in the form of liquids, pastes, sheets and powders (col.
1, lines 12-17), and that use of an organic solvent “can improve
the surface flatness, film thickness uniformity and workability
during coating” (col. 2, lines 1-3). In our view, these
teachings would have fairly suggested to one of ordinary skill in
the art that Yamamoto’s composition would be effective in powder
form and would have fairly suggested, to such a person, use of
the composition in powder form when the potential improvement in
surface flatness, film thickness uniformity and workability
disclosed by Yamamoto resulting from the use of a solvent is not
desired. See In re Wilson, 377 F.2d 1014, 1017, 153 USPQ 740,
742 (CCPA 1967); In re Larson, 340 F.2d 965, 969, 144 USPQ 347,
350 (CCPA 1965); In re Brown, 228 F.2d 247, 249, 108 USPQ 232,
234 (CCPA 1955). We are not persuaded by appellants’ argument
(brief, page 6) that “[t]here is no reason, apparent from this
record, to believe that all liquid epoxy compositions can be
suitably converted to powder compositions merely by deletion of a
solvent”. In our view, grinding up a solvent-free epoxy
composition to form a powder would have been prima facie obvious
to one of ordinary skill in the art given Yamamoto’s teachings
that epoxy compositions are useful in powder form (col. 1, lines
15-16).
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