Appeal No. 2004-1348
Application No. 09/972,253
iv) the auxiliaries typical of coating compositions,
the coating composition containing less than 0.05% by
weight, based on the polymer P, of photoinitiators and being
characterized by a pigment volume concentration (PVC) of
more than 20% by volume.
In the rejection of the appealed claims, the examiner relies
upon the following reference:
Zhao et al. (Zhao) 6,376,570 B1 Apr. 23, 2002
Appellants' claimed invention is directed to a water-based,
pigmented coating composition comprising, inter alia, less than
0.05% by weight of photoinitiators.
Appealed claims 1-11 stand rejected under 35 U.S.C. § 102(e)
as anticipated by or, in the alternative, under 35 U.S.C.
§ 103(a) as unpatentable over Zhao.
Appellants submit at page 3 of the principal brief that "the
rejected claims stand or fall together." Accordingly, all the
appealed claims stand or fall together with claim 1.
We have thoroughly reviewed the respective positions
advanced by appellants and the examiner. In so doing, we find
that the examiner's rejection is well-founded to the extent that
it is based upon 35 U.S.C. § 102(e). Accordingly, we will
sustain the examiner's § 102 rejection but reverse the examiner's
rejection under 35 U.S.C. § 103.
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