Appeal No. 1996-3936
Application No. 08/261,514
2. A method for reducing the degree of surface cracking
in a fast drying aqueous traffic paint during drying, the
method comprising incorporating into the aqueous paint at
least 0.1% by weight, based on the weight of the paint
composition, of fibres.
In the rejection of the appealed claims, the examiner
relies upon the following reference:
Bier 4,792,357 Dec. 20, 1988
Appealed claims 2, 4 and 6-10 stand rejected under
35 U.S.C. § 102(b) as anticipated by or, in the alternative,
under 35 U.S.C. § 103 as being unpatentable over Bier.2
Upon careful consideration of the opposing arguments
presented on appeal, we find that the examiner has not
established a prima facie case of anticipation or obviousness
of the claimed subject matter. Accordingly, we will not
sustain the examiner's rejection.
The appealed claims require incorporating fibers in "a
fast drying aqueous traffic paint," and page 1 of the present
specification sufficiently defines the claimed traffic paint
as one having "a dry-through time of less than 120 minutes
2Appellants submit at page 6 of the principal brief that
"it is appellants' intention that the rejected claims stand or
fall together." Accordingly, all the appealed claims stand or
fall together with claim 2.
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