Appeal No. 2006-1759 Παγε 17
Application No. 09/984,184
In any event, in the case before us, we do find adequate
direction for the examiner’s proposed modification in the
evidence relied upon for reasons set forth in the answer that
have not been fairly refuted by appellants. In particular, we
note that Collin teaches that auxiliary film forming polymers can
be employed along with the waxes. Collin notes that acrylic
ester polymers or copolymers and vinyl polymers may be used in
column 5 of the patent. Moreover, appellants acknowledge at page
38 of their specification that the claimed fat-soluble polymers
are known. Given the above and the teachings of Papantoniou with
respect to fat-soluble polymers corresponding to those required
by representative claim 51, we do not find appellants’ arguments
persuasive.
It follows that we shall sustain the examiner’s obviousness
rejection of claims 51 and 52, on this record.
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