Appeal 97-1939
Application 08/375,049
above the value which Porter *** teach[es] that
clogging at the nozzle may occur.
Discussion
It is true that applicants in their specification do not
tell us clearly why ammonium hydroxide is present or desirable
in their aqueous enteric coating dispersion. But, the fact is
that ammonium hydroxide is present and claim 42 requires the
presence of ammonium hydroxide. Thus, if there would
have been any reason to add ammonium hydroxide to the Pagay
enteric aqueous coating dispersion, we might agree with the
examiner's rejection.
On this particular record, our difficulty with the
examiner's rationale is that Pagay does not suggest that any
clogging problem exists when spraying the Pagay enteric
compositions at temperatures at which Porter says an anti-
coalescing agent may be needed. Thus, on this record, any
spray clogging problem described by Porter may be a function
of the polymer and plasticizers used by Porter and not the
spray temperature per se. Given that clogging was a known
problem as early as the issue date (1985) of Porter, had Pagay
encountered a clogging problem surely something would have
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