Ex Parte Nixon - Page 5



          Appeal No. 2005-0484                                                        
          Application No. 09/888,696                                                  

          indicate that each of components A, B, and D, as prepared,                  
          contain a significant proportion of solids: Component A-36%                 
          solids (preparation A-1 and A-2); Component B-40% solids                    
          (preparation B-1, B-2, B-3, and B-4); Component D-60% solids                
          (preparation D-1).                                                          
               Further, components C and E appear to be added to the                  
          composition as solids.  Component C may constitute as much as 25%           
          of the formulation; whereas component E may constitute as much as           
          3% (col. 12, ll. 44-53).                                                    
               Additionally, the Yamaki composition may contain a solid               
          pigment component in amounts as high as approximately 50% by                
          weight of the composition (col. 13, ll. 3-21).                              
               With the foregoing in mind, it can be discerned that the               
          Yamaki disclosure does implicitly encompass formulations having a           
          solids content exceeding 70% by weight.                                     
               As explained by the examiner, it would have been prima facie           
          obvious, within the ambit of 35 U.S.C. § 103, to balance the                
          amount of solvent and solids in the Yamaki composition to obtain            
          an optimum formulation especially in view of the recognized need            
          in the art, as conceded by appellant (specification: p. 1, ll.              
          12-15), to minimize the volatile organic solvent content of                 
          coating compositions.                                                       
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