Ex Parte Magoshi et al - Page 4



         Appeal No. 2006-2375                                                       
         Application No. 10/283,198                                                 

         unsaturated monomer mixture containing a (meth)acrylic ester,              
         such as methyl or ethyl acrylate or methacrylate.  The coating             
         film of the references also comprises the presently claimed                
         clear coat composition.  Although the base coat compositions of            
         the references are not limited to a resin derived from                     
         (meth)acrylate ester containing one or two carbon atoms in an              
         amount of at least 65% by weight, as presently claimed, the                
         references disclose classes for the (meth)acrylic ester                    
         containing one or two carbon atoms, and ranges which include at            
         least 65% by weight.  For instance, Jouck discloses that the               
         base composition may comprise 47-99 weight percent (meth)acrylic           
         ester, Schwarte teaches a base coat comprising 40-90 weight                
         percent of the ester, and Berdeke discloses 30-83.9 weight                 
         percent of the ester.  Accordingly, we find that each of the               
         primary references establishes the prima facie obviousness of              
         formulating a base coat comprising the claimed resin in an                 
         amount of at least 65% by weight.  Furthermore, we agree with              
         the examiner that Bigley would have provided further motivation            
         for one of ordinary skill in the art to select a (meth)acrylic             
         ester containing one or two carbon atoms.  As pointed out by               
         the examiner, Bigley "teaches that C1, C2, and C4                          
         alkyl(meth)acrylates are cheaper and available in higher                   
                                        -4-                                         



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