Appeal No. 94-3812
Application 07/857,701
describes coating a metal substrate (column 8, lines 49
through 57) with a curable monomer such as bisacrylamide
(column 6, lines 9 through 52) and silica gel (column 5, lines
19 through 22). Aoyama coats a metal such as copper, iron,
chromium, nickel, stainless steel or aluminum (column 4, lines
63 through 67) with a blend of bisacrylamide column 3, lines
33 through 65) and an inorganic filler such as silica (column
4, lines 38 through 47) in amounts which include the amounts
claimed by appellant.
We agree with the examiner that the subject matter of
claim 1 would have been prima facie obvious to a person of
ordinary skill in the art at the time appellant's invention
was made. Appellant has argued that using the claimed level
(33.3 to 66.7 weight percent) of colloidal silica is neither
taught nor suggested by the prior art. However, the examiner
has performed a calculation using the disclosure of Aoyama
which establishes that by following Aoyama's express
disclosure, the claimed amounts are obtained. While appellant
has had abundant opportunities to address the examiner's
calculations he has declined to do so. Accordingly, we accept
the examiner's calculations as accurate and agree with his
conclusion based on his calculation.
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