Appeal No. 1997-2330 Page 7
Application No. 08/398,315
Rejection over Eckhoff in combination with Adamson
Appellants’ claims also require that the aqueous coating composition be free from water-
insoluble coalescent . We agree with Appellants that the coatings suggested by Eckhoff contain water-1
insoluble coalescent.
Eckhoff presents seven examples illustrating the chemistry and manufacture of an aqueous
coating composition. The first four examples are directed to polyurethane intermediate manufacture
and do not contain film-forming latex polymer. Example 6 is directed to a non-film forming composition
containing no polyurethane. However, Examples 5 and 7 are both directed to emulsions of
polyurethane and latex.
Appellants argue that the emulsion disclosed in Example 5 contains xylol (Brief, pages 16-17).
Appellant states that xylol is a water-insoluble coalescent and thus excluded by the claims (Brief, page
17). The xylol, as pointed out by both the Appellants and the Examiner (Brief, page 16-17; Answer,
pages 8-9), is introduced during the synthesis of the polyurethane dispersion. The critical question is
whether the xylol is present in the composition of Example 5. We conclude that it is present for the
following reasons.
1We note that the language “free from water-insoluble coalescent” was present in original claim
5, but that we were unable to find any similar disclosure in the Specification. Appellant should verify
that the concept of forming the composition free from water-insoluble coalescent is discussed in the
Specification and, if it is not, Appellants should introduce language in the Specification to provide
antecedent basis being careful not to add any new matter.
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