Ex parte MAVER - Page 3




                 Appeal No. 1997-1807                                                                                                                   
                 Application No. 08/395,248                                                                                                             


                 below.                                                                                                                                 
                          A method for improving the adhesion of a coating to                                                                           
                 chalky substrates comprising combining a macromolecular                                                                                
                 aqueous dispersion with an acid-functional alkali-soluble                                                                              
                 polymer to form a blend composition, said polymer having its                                                                           
                 acid functionality neutralized by an aminosilane and applying                                                                          
                 the coating of said blend composition to a chalky substrate.                                                                           
                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Calhoun                                               5,399,612                                    Mar. 21,                            
                 1995    2                                                                                                                              
                 Morino et al. (Morino)                  3             03-064305                                    Mar. 19,                            
                 1991                                                                                                                                   
                 (Laid-open Japanese Patent Application)                                                                                                

                          Claims 10-15 stand rejected under 35 U.S.C. § 103 as                                                                          
                 being unpatentable over Calhoun in view of Morino.                                                                                     
                                                                     OPINION                                                                            
                          Upon a careful review of the opposing arguments advanced                                                                      

                          2The earliest effective filing date (Dec. 20, 1990)                                                                           
                 relied on by examiner and consequent availability of this                                                                              
                 reference as prior art under 35 U.S.C. § 102(e) has not been                                                                           
                 specifically disputed by appellant. See Notice of References                                                                           
                 Cited (Form PTO-892, Paper No. 4) and related U.S. Application                                                                         
                 Data listed on the Calhoun patent.                                                                                                     
                          3Our reference to Morino in this decision is to the                                                                           
                 resubmitted English translation of record filed on September                                                                           
                 21, 1995.                                                                                                                              
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