Appeal No. 2001-0127
Application No. 09/121,636
found it prima facie obvious to formulate an aqueous composition
comprising an acrylic polymer having the claimed Tg and
containing 10-40% by weight of methyl methacrylate, 30-60% by
weight of butyl methacrylate and isobutyl methacrylate (e.g.,
59% butyl methacrylate and 1% isobutyl methacrylate), 20% by
weight of acetoacetoxy ethyl methacrylate, and 10% by weight of
acrylic acid, thus arriving at a composition encompassed by
appealed claim 1. The motivation or suggestion to modify
Anton's disclosed acrylic polymer to include both butyl
methacrylate and isobutyl methacrylate comes from the express
teachings of the same reference as a whole, which suggests that
mixtures of monomers may be used. In re Vaeck, 947 F.2d 488,
493, 20 USPQ2d 1438, 1442 (Fed. Cir. 1991) (citing In re Dow
Chemical Co., 837 F.2d 469, 473, 5 USPQ2d 1529, 1531 (Fed. Cir.
1988)).
Moreover, one of ordinary skill in the art would have
found, prima facie, the requisite teaching, motivation, or
suggestion to combine butyl methacrylate with isobutyl
methacrylate, each of which is taught in Anton to be useful for
the same purpose, in order to form a third monomer mixture to be
or falling together with claim 1 and claims 7-10 standing or
falling together with claim 6. 37 CFR § 1.192(c)(7) (1997).
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