Ex parte EDWARDS et al. - Page 6

              Appeal No. 1996-0575                                                                                         
              Application No. 08/219,551                                                                                   

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              resulting composition has an average Tg of greater than -30  C and less than +60 C and                       
              an average melt viscosity of from about 0.1 to 12 poise (claims 22 and 41) or .05 to 25                      
              poise (claim 24) when measured at 180  C and at a shear rate of 10,000 Hz.                                   
                     In rejecting these claims the examiner relies on Pettit as disclosing a thermosetting                 
              powder coating composition comprising a combination of two resins which would                                
              reasonably appear to fall within the scope of the claim designated resins.  Appellants urge                  
              that "the instant claimed compositions also absolutely essentially and critically require                    

              that the instant claimed resin composition have a melt viscosity, at 180o C, of 0.1 to 12 (or                
              in some claims up to 25) poise.  Nowhere does the Pettit patent disclose any composition                     
              which has this melt viscosity of up to 12 poise, . . . . " (Principal Brief, page 38).  Appellants           
              addition urge that "the powder coating compositions of the Pettit patent are simply                          
              unsuited to be applied to this substrate as a melt. (Principal Brief, page 61).     Appellants               
              acknowledge (Reply Brief, page 13) that Pettit discloses a composition having a melt                         
              viscosity of 14.4 poise at 180  C (Example E at column 10), but urges that this is not a                     
              blend of two resins comprising a pigment as presently claimed.  The examiner does not                        
              dispute this position.  The examiner                                                                         
              acknowledges that Pettit's range for melt viscosity is different from that of the claimed                    
              composition (Answer, page 6).  However, the examiner urges that (Answer, paragraph                           

              bridging pages 6-7):                                                                                         


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