Appeal No. 2006-2666
Application No. 10/140,531
Declaration under Rule 132 by Mr. David Vidal, which states that polyurethane
and polyester coatings are unknown as paper coatings.1 (Br. 10).
Appellants’ argument and Declaration are not persuasive. Rodgers discloses
polyurethane and polyester coatings are known as paper coatings. (Rodgers, col. 8,
ll. 29-47). The statement of the declarant is limited to the disclosure of the three
documents cited in the Declaration. The cited documents do not include the
Rodgers reference cited in the rejection of the claims. (See Declaration 2).
Appellants have not presented a Declaration that discusses the disclosure of the
Rodgers reference.
Appellants argue, in view of the Declaration, that those skilled in the art
would not combine Seltzer and Rodgers because polyurethane or polyester
coatings were unknown as paper coatings at the time of filing the present invention
and at the time of filing there was no motivation for one skilled in the art to
combine the teachings of Seltzer and Rodgers regarding paper (Br. 11).
Contrary to Appellants’ arguments, it would have been obvious to combine
the teachings of Seltzer and Rodgers for the reasons stated by the Examiner
(Answer 4-5). Seltzer discloses hindered amine light stabilizers which combine
low basicity with a peroxy group in the same molecule. According to Seltzer, col.
1, ll. 57 to 64, the “light stabilizing hindered amine moiety becomes substantially
chemically bonded to the substrate and becomes concomitantly resistant to
migration, exudation, leaching, sublimation, volatilization or any process which is
prone to remove an additive physically from the substrate it is supposed to
1 The Declaration was signed on January 21, 2002.
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