Appeal No. 96-3069
Application No. 08/206,231
process of applying the composition to a rapidly moving paper
or paper board web.
Appealed claims 6-9, 11 and 14-19 stand rejected under
35 U.S.C. § 103 as being unpatentable over Woodward. Claims
12, 13 and 20 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Woodward in view of Nikoloff. In addition,
claims 14, 16, 19 and 20 stand rejected under 35 U.S.C. § 103
as being unpatentable over Yoshioka. Also, claims 13 and 20
stand rejected under 35 U.S.C. § 112, second paragraph.
Upon careful consideration of the opposing arguments
presented on appeal, we will not sustain the examiner's
rejections.
We consider first the examiner's rejections of claims 6-
9, 11 and 14-19 over Woodward, and claims 12, 13 and 20 over
Woodward in view of Nikoloff. The sole argument raised by
appellants in opposition to this rejection is that "Woodward
fails to teach, suggest or motivate the use of the claimed
polyoxyalkylene (alkoxylated) mono- and di-esters of
phosphoric acid in a paper coating composition, or its use as
a lubricant therein" (page 4 of Brief). According to
appellants, "alkoxylated esters of phosphoric acid are not
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