Appeal No. 97-1848
Application 08/338,074
4. The examiner also has rejected all the claims on
appeal as being unpatentable under 35 U.S.C. § 103 over
Culbertson, U.S. Patent 4,279,833 (1981) (Examiner's Answer,7
page 3).
Applicants' position
5. As is apparent from claims 1 and 21, reproduced
above, each has a limitation requiring that [b] the 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.
6. In their brief on appeal, applicants make the
following argument (page 9):
state that the decision in Interference 103,711 "has no bearing on the prior art status"
of Rehfuss. Hence, we decide the appeal assuming Rehfuss to be prior art.
Culbertson is prior art under 35 U.S.C. § 102(b).7
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