Appeal No. 2003-1885
Application No. 09/837,226
established why one of ordinary skill in this art would have
desired the water resistant coating of Gay in place of the water
resistant coating of Green. See In re Gordon, 733 F.2d 900, 902,
221 USPQ 1125, 1127 (Fed. Cir. 1984).
Additionally, Green teaches that there are numerous
commercially available resins which are claimed to be effective in
forming water resistant coatings but there are significant
differences in water-resistant characteristics depending on the
particular resin (col. 9, ll. 3-20; see the comparison at col. 13,
l. 61-col. 14, l. 21 and Table 1). Therefore it appears that the
substitution of one water resistant coating for another would not
be predictable in this art, especially where, as here, the
ingredients of the coating composition are not the same or similar.
For the foregoing reasons and those stated in the Brief and
Reply Brief, we determine that the examiner has not established a
prima facie case of obviousness. Therefore we reverse all of the
rejections on appeal.
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