Ex parte LIN et al. - Page 5




          Appeal No. 1997-4104                                                        
          Application 08/383,238                                                      


          melt viscosity of at least 54 kPoise.  Thus, by defining their              
          PVDF polymer component as having a melt viscosity of at least               
          40 kPoise, appellants have inherently defined the composition               
          as a low gloss paint.                                                       
               In finding the herein claimed invention obvious over the               
          teachings of Bacque, the examiner states in his answer at                   
          pages 4 and 5 that this prior art reference relates to a                    
          process for manufacturing vinylidene fluoride polymers and to               
          the use of these polymers in paints.  A typical paint                       
          formulation disclosed in the prior art Bacque reference at                  
          column 4, lines 1-10 is comprised of a PVDF polymer, an                     
          acrylic resin, a pigment, a solvent and an anionic surfactant.              
          The examiner further asserts that the disclosed amounts of                  
          resin, pigment and solvents encompass those that are instantly              
          claimed and the examiner contends that it would have been                   
          obvious to one of ordinary skill in this art to simply follow               
          the teachings of Bacque to arrive at the claimed invention.                 
          The examiner further points out that since the claims on                    
          appeal do not expressly specify a gloss value, it is                        
          immaterial that Bacque’s primary purpose is to produce a paint              


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