Appeal No. 2004-1334
Application 09/526,457
material inherently . . . expands and swells when exposed to heat, thus sealing the joint when
painted onto the means for allowing ingress and egress” (answer, page 4).
Based on the disclosure in Ellis relied on by the examiner, we agree with appellant’s
position. At col. 5, limes 7-18, Ellis discloses in relevant part that
[f]ire retardant coatings are used to reduce the surface flammability of wood and
laminated wood products. Prior art [sic] disclosed four major types of fire preventive
paints: . . . (2) intumescent . . . . Intumescent coatings are generally soft and easily
abraded, and have limited duration of protection – 10 to 15 minutes – when exposed to
fire before the delicate char cracks and is eroded away, leaving the substrate
unprotected.
It is readily apparent that the evidence in Ellis relied on by the examiner does not support
his position because there is no teachings therein from which one of ordinary skill in this art
would have reasonably inferred that the intumescent paint acknowledged by Ellis would provide
a seal in any respect. Accordingly, we reverse the ground of rejection of appealed claim 5 under
§ 103(a).
The examiner’s decision is affirmed-in-part.
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