Appeal Number: 2005-2231 Page 3
Application Number: 09/952,931
identifies aluminum trihydrate as a UV-transparent filler (specification, p. 6, ll. 29-30). Both
claims further specify ranges of volume concentration and average particle size for the filler.
Turning to the rejection, we determine that the Examiner has established a prima facie
case of obviousness. The Examiner relies upon a number of prior art references that suggest the
use of an ultraviolet-polymerizable formulation together with a aluminum trihydrate filler, a
filler that, according to Appellants’ specification, is UV-transparent and the prior art further
provides evidence that the volume concentration and average particle size are at levels one of
ordinary skill in the art would have arrived at through routine experimentation. See In re Aller,
220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). For instance, Buchanan describes a
binder for coated abrasives, the binder including radiation curable monomers that are cured via
electromagnetic radiation such as ultraviolet radiation (Buchanan, col. 7, ll. 34-36). Such a
binder is an “ultraviolet-polymerizable formulation” within the meaning of the claims.
Buchanan further suggests the inclusion of fillers in the binder and lists alumina trihydrate as a
preferred filler (Buchanan, col. 7, ll. 15-16). According to Buchanan, the filler can be used in
amounts up to about 250 parts by weight, preferably from about 30 to about 150 parts by weight,
per 100 parts by weight of binder (Buchanan, col. 7, ll. 28-33). As acknowledged by the
Examiner, Buchanan is silent with regard to the particle size of the filler. However, Culler
provides evidence that conventional fillers used in similar compositions (Culler, col. 7, l. 63 to
col. 8, l. 4) have an average particle size ranging from 1 to 100 micrometers (Culler, col. 13, ll.
53-59), a range that encompasses the claimed range. Culler exemplifies aluminum trihydrate as
a useful non-reactive filler (Culler, col. 14, l. 13). Not only do we agree with the Examiner’s
determination that it would have been obvious to one of ordinary skill in the art to have selected
aluminum trihydrate filler in the size range and volume percent of claims 1 and 6 for use in the
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Last modified: November 3, 2007