Appeal No. 95-3715 Page 4
Application No. 08/042,899
According to appellants (brief, page 2), the claims stand
or fall together. Moreover, the examiner has agreed with that
statement (answer, page 2).
The claimed subject matter (claim 63 is a representative
claim) relates to a system including first and second layers of
primer. A review of the record indicates to us that both
appellants and the examiner have construed the appealed claims
as being drawn to a primer system including two separate layers
with the first protective (undercoat) layer including an
organic solvent based dispersion of specified solids (i.e. in
an uncured state) and the second primer surfacer layer
composition laid onto the uncured first layer (specification,
page 3, line 16 through page 8, line 6). In deciding this
appeal, we shall treat the claims similarly. In this regard, we
construe the claims to be drawn to a two-layer uncured primer
system including a first layer composition comprising an
aprotic organic solvent based dispersion overlaid by a second
layer composition including an oxidatively-curable or plastic
resin.
The fatal flaw in the examiner's rejection is that
Backhouse, the sole reference relied upon by the examiner, does
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