Appeal No. 1997-4104
Application 08/383,238
form their desired high melt viscosity PVDF resin component
and the manner in which the example 4 PVDF resin component of
the prior art is formed.
Finally, the examiner argues that the prior art reference
to Bacque “seems to associate” high molecular weight “i.e.,
high melt viscosity” with low gloss with respect to a PVDF
polymer component in a paint. Accordingly, the examiner
argues that once this relationship is known, it is a matter of
optimization to one of ordinary skill in the art to obtain a
polymer having appellants’ claimed melt viscosity “coupled
with a desired gloss.” It is our view, however, that the
examiner has failed to meet his burden of demonstrating that
the low-gloss paints referred to in the Bacque reference at
column 1, lines 23 through 41, are equivalent to the low-gloss
paints described in appellants’ specification. As we have
pointed out above, example 4 of Bacque which is apparently
made by the process disclosed at column 1, lines 23 through 41
has a reported gloss at 60E of 48 percent. Again, this is a
value substantially higher than the gloss values produced by
appellants’ paints. Under the circumstances of this case, we
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