Appeal No. 1997-1787
Application 08/296,628
The subject matter of the invention relates to low volatile organic coating compositions. Such
coatings are generally referred to in the art as “low VOC” coatings. Claims 10-14, 16-18 and 20-22
are composition claims. Claim 19 is directed to a process for coating using the composition.
Applicant asserts that all the claims should not stand or fall together because claim 10 is
directed to a composition while claim 19 is directed to a process of coating. Brief, p. 4. However,
applicants’ brief does not include any separate arguments for patentability directed to claim 19.
Indeed, applicant does not separately address any of the claims and treats them all as a single group.
Thus, applicants have not met the requirements of 37 CFR § 1.192(c)(7)(1995) with respect to
separate consideration of the claims. Accordingly, we select claim 10 as the representative claim for
deciding patentability. 37 CFR § 1.192(c)(7).
Claim 10 states (indentation added):
10. A low volatile-organics coating composition having
a viscosity as measured by ZAHN cup 2 of less than about 200
seconds and
consisting essentially of
at least one aliphatic polyisocyanate,
a solvent in an amount of between 0% and 45% by
weight based upon the amount of said polyisocyanate in
said composition, and
a trimerization catalyst,
said composition being essentially free of any volatile mono-
and di-isocyanates.
The examiner relies on the combination of the teachings of Markiewitz and Kubitza. She
identifies three differences between the claimed subject matter and the compositions taught by
Markiewitz: (1) the use of an aliphatic polyisocyanate (Markiewitz teaches aromatic isocyanates); (2)
2
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