Appeal No. 95-1148
Application 07/873,345
cosolvents together with an organic volatile solvent to form the liquid vehicle for the application
of film forming polymers” (col. 1, lines 6-10; see also, e.g., col. 6, line 46, and col. 7, lines 16-
58). Thus, the disclosed compositions of Hoy et al. do not satisfy the claim limitation that the
composition be water-borne, water-reducible or water-dispersible. Second, appealed claims 21
and 29, and claims dependent thereon, as well as appealed claims 2, 13, 37 and 48, require
“thermoplastic” and not “thermosetting resins.” Thus, the disclosed compositions of Hoy et al. do
not satisfy the claim limitation requiring “thermosetting resins” found in the cited appealed claims.
And, third, appealed claims 12 and 29, and claims dependent thereon, further require the presence
of “a pigment component” which is not provided for in Hoy et al. Thus, the reference does not
satisfy each and every limitation of the appealed claims, King, supra; Lindemann
Maschinenfabrik, supra, and the record does not contain objective teachings or suggestions in the
applied prior art taken as a whole and/or evidence of knowledge generally available to one of
ordinary skill in the art which would have led that person to modify the non-pigmented,
thermosetting resin and organic solvent containing coating compositions and methods of making
such coating compositions taught in Hoy et al. in order to arrive at the claimed water-borne,
water-reducible or water-dispersible coating compositions of the appealed claims. See, e.g.,
Vaeck, supra; Warner, supra.
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