Ex parte SWARUP et al. - Page 5




          Appeal No. 97-1848                                                          
          Application 08/338,074                                                      

                         [a] said clear film-forming composition being                
               crosslinkable through reaction of said pendant or                      
               terminal groups with said methylol and/or methylol ether               
               groups;                                                                
                         [b] said clear film-forming composition being                
               further characterized as having a calculated hydroxyl                  
               value less than 50 based on solid weight of said clear                 
               film-forming composition, excluding any hydroxyl                       
               functionality associated with N-methylol groups                        
                         [c] so as to result in a crosslinked coating                 
               which has a substantial number of urea crosslinks arising              
               from said reaction of pendant or terminal groups with                  
               said methylol and/or methylol ether groups,                            
                         [d] giving said crosslinked coating a high                   
               level of acid etch resistance.                                         

                                Examiner's rejections                                 
                    3.   The examiner has rejected all the claims on                  
          appeal as being unpatentable under 35 U.S.C. § 103 over                     
          Nordstrom, U.S. Patent 3,479,328 (1969)  in view of Rehfuss,5                                    
          U.S. Patent 5,300,328 (issued in 1994 based on an application               
          filed October 23, 1992)  (Examiner's Answer, page 2).6                                                    

             Nordstrom is prior art under 35 U.S.C. § 102(b).5                                                                        
             Prima facie Rehfuss is prior art under 35 U.S.C. § 102(e).  Applicants' assignee6                                                                        
          in a different application prevailed in an interference against Rehfuss.  Interference
          103,711.  Applicants were invited to file a supplemental brief addressing the prior art
          status of Rehfuss (Paper 23).  In a Supplemental Appeal Brief (Paper 24), applicants
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