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
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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
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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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