Appeal No. 1996-3936
Application No. 08/261,514
substantial evidence that it was known in the art to
incorporate fibers in traffic paint compositions. Indeed,
Japanese Abstract No. 87-167594 and JP '563 teach the
incorporation of fibers into traffic paint for the purpose of
rendering the paint crack-resistant. Accordingly, based on
the prior art of record, we are convinced that it would have
been prima facie obvious for one of ordinary skill in the art
to add fibers to a fast drying aqueous traffic paint. Also,
while we realize that appellants, earlier in the prosecution,
argued that Japanese Kokai '478 and Japanese Kokai '978 are
directed to non-aqueous paints, appellants have presented no
reasoning why one of ordinary skill in the art would have been
dissuaded from incorporating fibers in an aqueous traffic
paint for the reasons set forth in Japanese Kokai '478 and
Japanese Kokai '978.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed. A new
ground of rejection has been entered for the appealed claims
under the provisions of 37 CFR § 1.196(b).
This decision contains a new ground of rejection pursuant
to 37 CFR § 1.196(b) (amended effective Dec. 1, 1997, by final
-6-
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007