Appeal No. 1996-3936
Application No. 08/261,514
when the climatic conditions are 23EC, no air flow and 90%
relative humidity. Dry-through is defined by ASTM D-1640-83
with the modification that no thumb pressure is exerted."
Given appellants' specification definition of the claimed
fast drying aqueous traffic paint, we agree with appellants
that the examiner has not established on this record that the
applied reference, Bier, describes or suggests such a fast
drying traffic paint. Bier describes his invention as
relating to "water-based paints for interior use, in
particular on ceilings" (column 1, second paragraph), and the
examiner has not established the requisite correspondence
between appellants' paint composition and paint compositions
fairly taught by Bier to reasonably conclude that the paint of
Bier is a fast drying aqueous traffic paint, as defined by
appellants' specification. While the examiner points to
Bier's disclosure at column 6, lines 22 et seq., that the
paint was dry within 1 hour, and page 1 of appellants'
specification states that "[a] fast drying paint normally has
a dry-through time of less than 120 minutes," the examiner has
taken the relevant passages out of context. As explained by
appellants, Bier's paint drys within 1 hour under conditions
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