Ex Parte Kohler et al - Page 2


               Appeal No. 2004-1131                                                                                                   
               Application 09/562,632                                                                                                 

                                                               X                                                                      
                                                               |                                                                      
                                            W―(CH2)n―Si―Y                  (|)                                                        
                                                               |                                                                      
                                                               Z                                                                      
                       wherein                                                                                                        
                       W  denotes the group                                                                                           

                                                                                                   O                                  
                         O                                                                                                            
                                         or                             O       m(H2C)      CH       CH2                             

                               with m = 1 to 4 and                                                                                    
                       n  denotes a whole number from 2 – 4                                                                           
                       and                                                                                                            
                       X, Y, Z represent, independently of one another, the same or different organic groups                          
                       with 1 to 30 atoms, with the proviso that at least one of the groups represents an alkoxy                      
                       group with 1 to 4 carbon atoms,                                                                                
                       wherein the molar ratio of the hydroxyl groups of component a) to the isocyanate groups                        
                       of component b) is between 0.2 : 1 and 3 : 1, and the same of the wt.% of components                           
                       a) to c) is 100.                                                                                               
                       The appealed claims, as represented by claim 1, are drawn to a coating composition                             
               comprising at least the three components in the amounts specified in the claim.  According to                          
               appellants, the claimed composition can form an aqueous two-component polyurethane coating                             
               composition with “improved adhesion and corrosion resistance, preferably on metal substrates,                          
               such as aluminum and steel and car body sheet” (specification, e.g., page 1).                                          
                       The references relied on by the examiner are:                                                                  
               Kubitza et al (Kubitza)                         5,075,370                             Dec. 24, 1991                   
               Tsuno et al. (Tsuno)                           5,109,057                             Apr. 28, 1992                   
               Hatano et al. (Hatano)                         5,527,616                             Jun.  18, 1996                  
                       The examiner has rejected appealed claims 1 through 7 under 35 U.S.C. § 103(a) as being                        
               unpatentable over Kubitza in view of Tsuno and Hatano.                                                                 
                       Appellants state that the appealed claims “stand or fall together” (brief, page 3).  Thus,                     
               we decide this appeal based on appealed claim 1.  37 CFR § 1.192(c)(7) (2002).                                         
                       We affirm.                                                                                                     

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