Appeal No. 1996-3867
Application No. 08/153,239
OBVIOUSNESS
The examiner has rejected claims 1 through 12 under 35
U.S.C. § 103 as unpatentable over the disclosure of European
Patent Application 0 388 915 published on September 26, 1990
(hereinafter referred to as “Glancy”).
Having carefully reviewed the claims, specification and
Glancy, including all of the arguments advanced by both the
examiner and appellants in support of their respective
positions, we conclude that the examiner’s § 103 rejection is
not well founded. Accordingly, we reverse the examiner’s
decision rejecting claims 1 through 12 under 35 U.S.C. § 103.
Our reasons for this determination follow.
The claimed subject matter as represented by the broadest
claim on appeal is directed to:
A method for reducing the amount of microfoam in a
spray-applied waterborne polymeric composition
comprising: forming a waterborne polymeric
composition and spraying said composition using a
gas having a solubility factor greater than about
one.1
According to page 3 of the specification, the claimed
“waterborne polymeric composition” is defined as
1See claim 1.
2
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