Appeal No. 95-1146
Application No. 07/913,126
proviso that the active hydrogen functionality is not provided
by an amine. According to page 2 of the specification, amine
crosslinked coatings tend to be susceptible to yellowing or
acid spotting. In addition, amines are costly and toxic.
Appealed claims 2, 16 and 18 stand rejected under
35 U.S.C. § 103 as being unpatentable over Cady alone, or in
combination with EPO '000. In addition, the appealed claims
stand rejected under the judicially created doctrine of
obviousness-type double patenting as being unpatentable over
claims 1-3 and 6-8 of U.S. Patent No. 4,778,869.
Upon careful consideration of the opposing arguments
presented on appeal, we find that the prior art applied by the
examiner fails to establish a prima facie case of obviousness
for the claimed subject matter. Accordingly, we will not
sustain the examiner's § 103 rejections. Also, we will not
sustain the examiner's rejection under the judicially created
doctrine of obviousness-type double patenting.
We consider first the rejection of the appealed claims
under § 103 over Cady alone or in combination with EPO '000.
In essence, considering Cady alone, we do not agree with the
examiner that the alkylacrylamidoglycolate alkyl ether and
-3-
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