Ex Parte QUIS et al - Page 5



          Appeal No. 2005-0359                                                        
          Application No. 09/333,917                                                  

               We affirm this rejection for the reasons well stated in the            
          answer.  Because we are in complete agreement with the                      
          examiner’s factual findings and legal conclusions, we adopt them            
          as our own and add the following comments primarily for                     
          emphasis.2,3                                                                
               Hari describes a polymerizable, cold-setting, reactive                 
          (meth)acrylate system for conductive floor coatings, wherein the            
          system contains:                                                            
               (A) a monomeric component consisting essentially of                    
          (meth)acrylate and/or other monomers, >50-100% by wt.,                      
               0-100% by wt. methyl (meth)acrylate                                    
               0-100% by wt. C2-C4 (meth)acrylate                                     
               0-50% by wt. ≥C5 (meth)acrylate                                        
               0-100% by wt. polyhydric (meth)acrylates and comonomers                
          including the following:                                                    
                                                                                     
          also been withdrawn.  Ex parte Emm, 118 USPQ 180, 181 (Bd. App.             
          1957).                                                                      
               2  The appellants submit that each of appealed claims 3, 4,            
          7, 8, 10, 13, 17, and 18 stands or falls separately from                    
          appealed claim 1.  (Appeal brief at 4.)  Accordingly, we group              
          the appealed claims as follows: (i) claims 1, 2, 9, 11, 12, and             
          14-16; (ii) claim 3; (iii) claim 4; (iv) claim 7; (v) claim 8;              
          (vi) claim 10; (vii) claim 13; (viii) claim 13; (ix) claim 17;              
          and (x) claim 18.  37 CFR § 1.192(c)(7)(2003)(effective Apr. 21,            
          1995).                                                                      
               3  We also incorporate by reference the relevant reasoning             
          set forth in the prior decision by this Board.  Ex parte Quis,              
          Appeal No. 2002-1736 (Bd. of Pat. App. & Inter., Feb. 27, 2003),            
          reh’g denied (Aug. 21, 2003)(unpublished).                                  
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