Appeal No. 96-3946
Application No. 08/208,317
solvent is stated. Yet, the weight percentages of solids
recited in the examples differs from the claimed weight
percentages. Accordingly, the use of the phrase "in the
solids content" is confusing at best. Consequently, we
must agree with the rejection of claims 7, 8, 10, 11, 19, 20,
22, and 23 under 35 U.S.C. § 112, second paragraph.
The examiner (Answer, page 4) further rejects claims 27,
28, 31, and 32 under 35 U.S.C. § 112, first paragraph, as
containing new matter. She contends that the weight
percentages of the binder were not disclosed in the
specification as originally filed. The appellant suggests
that the percentages are indirectly disclosed, since the
weight percentages of the microspheres are recited in the
specification.
We agree that the percentages of the binder can be calcu-
lated using what is explicitly disclosed, but the calculated
ranges do not match those now claimed. For example, for the
first coating layer, the microspheres are present in an amount
of 0.25 to 50 percent or preferably 2.5 to 25 percent. Thus,
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