Ex parte HUBBELL - Page 8




          Appeal No. 94-3990                                                           
          Application No. 08/038,033                                                   


          compositions in order to recondition or touch up a surface                   
          that received an original coating of the composition.                        
          Accordingly, based on the admitted prior art and Brockman, we                
          fully concur with the examiner that it would have been obvious               
          for one of ordinary skill in the art to employ a conventional                
          "felt tip" type marking pen or similar structure as a                        
          substitute for cotton balls, Q-tips, rags, or sponges and the                
          like to recondition or repair a conversion coating solution.                 
               Appellant contends at page 3 of the Brief that "Brockman                
          discloses a tool for touching up paint or enamel."  However,                 
          the Brockman disclosure is not so limited.  Brockman expressly               
          discloses that the reservoir of the dispenser is "for the                    
          paint, enamel or other coating composition" (column 3, lines                 
          65 and 66, emphasis added).  Brockman also discloses that                    
          "[t]he assembly includes replaceable cartridges for containing               
          the desired coating compositions" (column 4, lines 36 and 37),               
          thereby suggesting coating compositions other than paint and                 
          enamel.                                                                      
               Appellant also urges at page 6 of the Brief a distinction               
          between the hazardous chromate conversion coating of the                     
          present invention and ordinary paint.  However, we note that                 

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