Ex Parte Romano - Page 15



              Appeal 2006-2197                                                                                             
              Application 10/068,824                                                                                       

              established that anionic polyurethane dispersion provides unexpected results over                            
              other known polyurethane dispersions used in combination with acetoacetylated                                
              polyvinyl alcohol.7  The rejection of claim 38 is affirmed for the reasons set forth                         
              above and by the Examiner.                                                                                   
                     In summary we affirm each of the Examiner’s rejections under 35 U.S.C.                                
              §§§ 102, 103 and 112, ¶ 1.                                                                                   
              No time period for taking any subsequent action in connection with this appeal                               
              may be extended under 37 C.F.R. § 1.136(a).                                                                  
                                                      AFFIRMED                                                             
                                                                                                                          












                                                                                                                          
              7 Appellant’s reliance on evidence provided in the form of declarations and                                  
              examples contained in the present specification are not persuasive for the reason                            
              set forth in the discussion of the rejections over the Kawano reference.  As stated                          
              above, this evidence is not limited to the scope of the appealed claims.  This is                            
              especially true with regard to claim 38 because the combination of  acetoacetylated                          
              polyvinyl alcohol and anionic polyurethane dispersion has not been compared to                               
              the closest prior art of Niu.                                                                                

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