Ex parte GOTTIS - Page 9




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



                    in Mizumura et al and Cotting et al in the                        
                    curing of the carboxyl groups-containing                          
                    acrylic resin of Mizumura et al and the                           
                    Japanese patent in order to 1) eliminate                          
                    the toxicity endemic to the more commonly                         
                    utilized triglycidyl isocyanurate (Cotting                        
                    et al, col. 10, lines 36-45) and 2) use a                         
                    polyglycidyl compound in solid form without                       
                    resorting to complicated and expensive                            
                    purification operations to produce a solid                        
                    polyglycidyl compound for powder coatings                         
                    (Cotting et al, col. 1, lines 36-45).                             
                    . . . .                                                           
                    It would have been obvious to conduct                             
                    the curing of the powder coatings of                              
                    Mizumura et al and the Japanese patent at a                       
                    temperature of as low as 100EC as per                             
                    Cotting et al in order to reduce the energy                       
                    expenditure required of a higher curing                           
                    temperature.                                                      
          (Examiner’s Answer, page 5.)                                                
                    Where an obviousness determination is based on a                  
          combination of prior art references, there must be some                     
          “teaching, suggestion or incentive supporting the                           
          combination.”  In re Geiger, 815 F.2d 686, 688, 2 USPQ2d 1276,              
          1278 (Fed. Cir. 1987).  The motivation for one of ordinary                  
          skill in the art to have combined the references need not be                
          the same as that of the inventor.  See In re Dillon, 919 F.2d               
          688, 693, 16 USPQ2d 1897, 1901 (Fed. Cir. 1990)(en banc) cert.              
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