Ex parte MALHOTRA - Page 17




          Appeal No. 96-3946                                                          
          Application No. 08/208,317                                                  


          the coatings (and thus 80% binder).  However, in column 7                   
          Miyamoto teaches that the amount of binder should be no more                
          than 100 parts by                                                           
          weight to 100 parts by weight of pigment.  Similarly, in                    
          Example 1, the amount of binder is 15 parts by weight to 100                
          parts by                                                                    
          weight of pigment.  In other words, the weight percentage of                





          binder disclosed by Miyamoto is less than 50 percent, which                 
          does not even approach the claimed ranges of at least 75                    
          weight percent and at least 97 weight percent.  Therefore, we               
          cannot uphold the rejection of claims 27, 28, and 32 under 35               
          U.S.C.    § 103.                                                            


                                     CONCLUSION                                       
               The decision of the examiner to reject claims 1 through                
          32 under 35 U.S.C. § 112, second paragraph is affirmed for                  
          claims 7, 8, 10, 11, 19, 20, 22, and 23 and reversed for                    
          claims 1 through 6, 9, 12 through 18, 21, and 24 through 32.                
                                         17                                           





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