Ex parte GOTTIS - Page 4




                 Appeal No. 2001-0008                                                                                                                   
                 Application 09/298,572                                                                                                                 



                                   Appellant has failed to present arguments traversing                                                                 
                 the double patenting rejection.  Therefore, this rejection is                                                                          
                 affirmed.1                                                                                                                             
                                   For the reasons discussed below, the rejection of                                                                    
                 the claims under 35 U.S.C. § 103(a) is reversed.                                                                                       

                                                                   Background                                                                           
                                   Powder coating compositions are resinous materials                                                                   
                 which primarily consist of a binder and a hardener.  The                                                                               
                 binder component is generally a compound having carboxyl                                                                               
                 groups such as a polyester or acrylic resin.  The claims in                                                                            
                 the present application are directed to a powder coating                                                                               
                 composition in which the binder consists of one or more than                                                                           
                 one poly(meth)acrylic resin having free carboxyl groups.  The                                                                          
                 claims further require that the composition is free of                                                                                 
                 carboxyl-functional polyesters.                                                                                                        




                          1We note that in the amendment mailed January 6, 2000                                                                         
                 (Paper No. 9, page 2) Appellant stated that a terminal                                                                                 
                 disclaimer would be timely filed upon the Examiner's                                                                                   
                 acknowledgment that the present application was otherwise in                                                                           
                 condition for allowance.                                                                                                               
                                                                           4                                                                            





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