Appeal No. 95-3630
Application No. 08/001,993
Such an amendment cannot be found in the record.
Nevertheless, the examiner’s answer acknowledges appellant’s
intention to cancel claim 26. For purposes of this appeal we
shall assume that claim 26 has been withdrawn from
consideration. Accordingly, the claims before us are claims 24-2
25.
The claims on appeal relate to an opacified pearlescent
composition which is more specifically defined in representative
claim 24 as follows:
24. An opacified pearlescent composition comprising:
(a) at least one thermoplastic polymer matrix,
(b) an effective amount of at least one pearlescent
pigment for providing pearlescent luster, and
(c) from 0.1 to 3 parts of titanium dioxide opacifying
pigment wherein a 4 mil thickness of said
composition has a percent reflectance ratio
according to TAPPI method T 425 om-86 of from about
60% to about 90%.
The sole reference of record relied upon by the examiner is:
Brennan et at (Brennan) 3,326,739 Jun. 20, 1967
Each of the appealed claims stand rejected for obviousness
under 35 USC § 103 in view of Brennan. We shall not sustain this
rejection.
2Appellant should formally submit an amendment canceling
claim 26 upon resumption of prosecution before the examiner.
2
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