Appeal No. 96-3069
Application No. 08/206,231
disclosed or suggested" (page 4 of Brief). Notwithstanding
the examiner's argument to the contrary, we agree with
appellants that Woodward does not teach or suggest the claimed
polyoxyalkylene mono- and di-esters of phosphoric acid. The
product of the reaction set forth at column 3 of Woodward is a
mono-oxyalkene ester of phosphoric acid, in contrast to the
reaction depicted at page 4 of appellants' specification.
We will also not sustain the examiner's § 103 rejection
of claims 14, 16, 19 and 20 over Yoshioka because, as urged by
appellants, Yoshioka does not teach or suggest the claimed
process of contacting a rapidly moving paper or paper board
web with a polyoxyalkylene phosphate ester. Rather, Yoshioka
discloses incorporating a polyalkylene phosphate ester as a
sizing agent in a composition for making paper. The examiner
has not responded to this argument of appellants at page 6 of
the Answer. Furthermore, the examiner has not pointed out
where Yoshioka teaches or suggests the claimed requirement of
applying an aqueous-based coating composition consisting
essentially of a pigment and a binder to moving paper.
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