Appeal No. 1997-2330 Page 3
Application No. 08/398,315
wherein said aqueous coating composition is free from water-insoluble
coalescents.
The prior art references of record relied upon by the Examiner in rejecting the appealed claims
are:
Eckhoff 3,919,145 Nov. 11, 1975
Werner, Jr. et al. (Werner) 5,204,404 Apr. 20, 1993
Adamson et al. (Adamson) 5,270,380 Dec. 14, 1993
Floyd et al. (Floyd) 5,326,808 Jul. 05, 1994
Claims 1-4, 7 and 8 stand rejected under 35 U.S.C. § 102(e) as anticipated by or, in the
alternative, under 35 U.S.C. § 103 as obvious over Floyd. Claims 1-4, 7 and 8 stand rejected under
35 U.S.C. § 103 as being unpatentable over Werner. Claims 1-4, 7 and 8 stand rejected under 35
U.S.C. § 103 as being unpatentable over Eckhoff in combination with Adamson.
We cannot sustain any of the grounds of rejection for the following reasons.
OPINION
According to the Specification at page 2, second paragraph, the invention is directed to a
method of extending the open time of an aqueous coating composition by adding a modifying
compound to a film-forming latex polymer wherein one modifying compound may be used universally
with all latex polymer chemistries and in all coating compositions since no interaction is required
between the modifying compound and latex polymer. The modifier is an aqueous-based polyurethane
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