Ex Parte HAYAKAWA et al - Page 3


         Appeal No. 2001-0825                                                       
         Application No. 08/952,566                                                 

              The examiner relies on the following references as evidence           
          of unpatentability:                                                       
         Sawada et al. (Sawada)        5,100,962           Mar. 31, 1992            
         Mohri et al. (Mohri)          5,169,915           Dec. 08, 1992            
         Shibato                      WO 94/09916         May  11, 1994            
         (International Patent Publication)                                         

              Claims 1 and 4 stand rejected under 35 U.S.C. § 103 as                
         being unpatentable over Shibato in view of Sawada or Mohri.                

                                      OPINION                                       
              We have carefully considered both the appellants’ position            
         and the examiner’s position in connection with the issues on               
         appeal.  Upon our review, we reverse the aforementioned                    
         rejection for the following reasons.                                       
              The examiner’s position is that Shibato teaches appellants’           
         claimed components (b), (c), and (d), but does not teach claimed           
         component (a).  The examiner relies upon Sawada or Mohri for               
         teaching the use of fluorine containing copolymers in a coating            
         composition.  The examiner concludes that it would been obvious            
         to one of ordinary skill in the art to incorporate the fluorine            
         containing resin of Sawada or Mohri in the composition of                  
         Shibato for improved properties of the coating. (answer, pages             
         3-6).                                                                      











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