Appeal No. 2005-0930 Page 8
Application No. 09/965,792
Other Issue
We direct appellants’ and the examiner’s attention to Leuridan. Leuridan issued
as a United States Patent on April 16, 2002, from an application filed March 30, 2000.
This application was filed in the United States on October 1, 2001. The inventive
entities of Leuridan and the present application differ. Therefore, it appears that
Leuridan is available as prior art under 35 U.S.C. § 102(e).
Leuridan describes a nail varnish composition that comprises an aqueous
polymer dispersion, a first organic solvent, and a second organic solvent. See, e.g.,
column 1, lines 35 - 40; column 3, lines 9 - 65. The polymer may have the relationship
Tg - MFT # 20°C. Column 1, line 40.
We note that the first organic solvent of this invention is stated to be a coalescing
agent. Specification, page 21. The second organic solvent of Leuridan is also stated to
be a coalescing agent. Column 3, lines 42 - 44. We also note that Leuridan lists as the
second organic solvent/coalescing agent compounds such as propylene glycol n-butyl
ether, propylene glycol methyl ether acetate, and isopropyl lactate which are set forth on
page 22 of the specification as being examples of the first organic solvent of this
invention.
Furthermore, we note that the second organic solvent of this invention is stated
to be a plasticizer. Specification, page 22. The first organic solvent of Leuridan is also
stated to be a plasticizer. Column 3, lines 9 - 11. Leuridan describes diethyl adipate,
diethyl phthalate, dibutyl phthalate, and diisobutyl adipate as examples of the first
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