Appeal No. 95-3715 Page 3
Application No. 08/042,899
inhibitors, inert fillers, pigments, surface builders and
mixtures thereof;
and said primer surfacer composition comprising:
an organic solvent system, and oxidatively curable or
plastic resin, and an inert filler.
The sole prior art reference of record relied upon by the
examiner in rejecting the appealed claims is:
Backhouse 4,403,003 Sep.
6, 1983
Claims 51-69 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Backhouse.
OPINION
We have carefully reviewed the respective positions
presented by appellants and the examiner. In so doing and
based on the present record, we find ourselves in agreement
with appellants that the examiner has failed to establish a
prima facie case of obviousness of the claimed subject matter.
Accordingly, we will not sustain the examiner's rejection for
essentially those reasons advanced by appellants in the brief
(page 2, last paragraph through page 4, line 4) as supplemented
below.
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