Appeal No. 2001-0008
Application 09/298,572
denied, 500 U.S. 904 (1991). Fine, 837 F.2d at 1075, 5 USPQ2d
at 1599 (citations omitted). However, “[o]ne cannot use
hindsight reconstruction to pick and choose among isolated
disclosures in the prior art to deprecate the claimed
invention.” In re Fine, 837 F.2d 1071, 1075, 5 USPQ2d 1596,
1600 (Fed. Cir. 1988).
Although we find tenuous the Examiner’s reasoning
for picking and choosing amongst the numerous components
disclosed in the cited references, even assuming, arguendo,
that the references were properly combined, the Examiner has
failed to
establish a prima facie case of obviousness. The Examiner has
not provided any support for his conclusion that the coating
composition obtained by his proposed combination would flow
and cure at temperatures in the range of about 100EC to 150EC
to a smooth form as required by the present claims.
Both Mizumura and the Japanese patent disclose
coating compositions which are curable at 180EC. Cotting
teaches that powder coating compositions may be cured at
temperatures as low as 100EC, but indicates that temperatures
10
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