Ex parte GEBHARD et al. - Page 3




                 Appeal No. 1996-3867                                                                                                                   
                 Application No. 08/153,239                                                                                                             

                          a composition containing a soluble polymer dissolved                                                                          
                          in or an insoluble polymer dispersed in a medium                                                                              
                          which is predominantly composed of water, or                                                                                  
                          mixtures thereof.                                                                                                             
                 The term “predominantly” is not specifically defined in the                                                                            
                 specification.  One definition of “predominate” is “[t]o be a                                                                          
                 greater . . . quantity.”   This definition would mean that2                                                                                           
                 water is present in an amount of at least 50% in the medium, a                                                                         
                 fact entirely consistent with the amount of water employed in                                                                          
                 the examples at pages 7 through 14 of the specification.                                                                               
                 Moreover, according to pages 5 and 6 of the specification, a                                                                           
                 gas having the claimed solubility factor includes carbon                                                                               
                 dioxide and nitrous oxide.                                                                                                             
                          As found by the examiner (Answer, page 3), the sole prior                                                                     
                 art reference, Glancy, describes using carbon dioxide as a                                                                             
                 useful compressed gas for a polymer coating composition.  See                                                                          
                 Glancy, page 21, line 11.  Glancy, however, does not teach,                                                                            
                 nor would have suggested, using carbon dioxide as a compressed                                                                         
                 gas for the claimed “waterborne polymer coating composition.”                                                                          
                 Glancy teaches away from using more than 30% of water in the                                                                           
                 solvent/diluent in a polymer coating composition.  See page 2,                                                                         

                          2See page 927 of WEBSTER’S New Riverside University                                                                           
                 Dictionary published on 1984 attached herewith.                                                                                        
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