Appeal No. 96-2504
Application 08/318,328
containing water, the specified binder, and other additional
components, including additional binders. Also, we find no
merit in the argument that since the final product of the
reference is an adhesive, it is "not a coating." (page 2 of
reply brief). Manifestly, the application of an adhesive
composition results in an adhesive coating.
We also agree with the examiner that Hombach's disclosure
of an emulsifier prepared from polyether alcohols having
"generally about 10" ethylene oxide units anticipates the "9
alkylene units"
of claims 13-18. In re Ayers 154 F.2d 182, 185, 69 USPQ 109,
112 (CCPA 1946), see also In re DeVaney, 185 F.2d 679, 88 USPQ
97 (CCPA 1950).
We will not sustain the examiner's section 102 rejection
of claims 11, 12, 17, 18, 23 and 24, which require that the
coating composition contain a pigment. Appellants have
presented objective evidence that the chalk disclosed by
Hombach does not qualify as a pigment.
Regarding the section 103 rejection of all the appealed
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