Appeal No. 2003-1681
Application No. 09/320,780
claimed binder precursor since it is eventually cured to form a
resin binder. Id., sentence bridging pages 3-4. Otsuka teaches
that the radical polymerizable compound may be a (meth)acrylic
ester compound such as methyl acrylate. See Otsuka, column 7,
lines 36-51.
The examiner maintains that it would have been obvious to
one of ordinary skill in the art at the time of the invention to
have utilized the radical polymerizable compound of Otsuka as the
precursor of either Quintens’ polymeric polyanion compound or the
hydrophobic polymer, the motivation being to increase the
durability of Quintens’ anti-static layer. See final rejection,
page 4, second paragraph; Otsuka, column 7, lines 53-56. The
examiner relies on Kaijou in support of his contention that it
would have been obvious to have utilized colloidal silica
particles in the form of a silica sol. Final rejection, page 4,
paragraph 3. In particular, the examiner notes that the
motivation for so doing would have been to optimize the solvent
dispersion and stability of the colloidal silica.
Appellants argue that one of ordinary skill in the art
simply would not have been motivated to look to either Otsuka or
Kaijou since Quintens relates to a water-based composition, while
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