Appeal No. 1997-4104
Application 08/383,238
having a high gloss.
With respect to the key limitation in appellants’ claims
requiring the specified high melt viscosity for the PVDF
polymer component of appellants’ paints, the examiner states
that appellants have not established the criticality of that
limitation regarding melt viscosity. The examiner further
states that he assumes that the composition of Bacque
satisfies the limitation of melt viscosity because it has not
been disproved by appellants. Further, the examiner’s
assumption above is apparently based on his “feeling” that
example 4 (a control example of Bacque which appears at column
4, line 58), possesses a melt viscosity corresponding to the
claimed melt viscosity because this example is said to provide
a low-gloss paint. This example, however, reports a 60E gloss
value of 48, a value substantially higher than the low-gloss
values produced by appellants’ paints which have been
arbitrarily defined to be 15 or lower. Based on appellants’
Figure 1 graph, the example 4 paint of Bacque having a gloss
value at 60E of 48 would appear to have a melt viscosity of
less then 30 kPoise. In short, this example would appear to
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