Ex Parte Lach et al - Page 1




               The opinion in support of the decision being entered                   
               today was not written for publication in a law journal                 
               and is not binding precedent of the Board.                             


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                    Ex parte CHRISTIAN LACH and ROLAND BAUMSTARK                      
                                                                                     
                                Appeal No. 2004-1348                                  
                             Application No. 09/972,253                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     
          Before KIMLIN, GARRIS and JEFFREY T. SMITH, Administrative Patent           
          Judges.                                                                     
          KIMLIN, Administrative Patent Judge.                                        


                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 1-11.             
          Claim 1 is illustrative:                                                    
          1.   A water-based, pigmented coating composition essentially               
               free from volatile organic compounds and comprising                    
               i)   an aqueous binder formulation as component I, with a              
                    minimum film formation temperature MFFT # 5°C, based              
                    on an aqueous polymer dispersion of one or more                   
                    polymers P composed of                                            
               from 90 to 99.9% by weight of at least two different monomer           
                    varieties A1 and A2, the monomer A1 being selected from           
                    the C2-C12 alkyl esters of acrylic acid and the monomer           

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