Ex Parte Lelental et al - Page 6

                  Appeal 2006-2950                                                                                             
                  Application 10/036,126                                                                                       

                          NMP<Limitation of instant Claims: 1, 3, 6, 7, 8, and 11-                                             
                          12>(Col-7, Lines : 25-53, Col-12, Table 1.   The coating                                             
                          compositions given in Table-1(Col-12) would meet the ratio                                           
                          limitations in instant claims 2-3.  NMP, glycerol, sorbitol and                                      
                          polysaccharides would meet the limitation of neutral-charge                                          
                          conductivity enhancers in the instant claim-1.                                                       
                          (iii).  A latex polymer binder having hydrophilic functionality                                      
                          such as copolymers of vinylidene fluoride and unsaturated                                            
                          carboxylic acid (Col-6, Lines: 55-60, Col-7, lines: 6-10, Col-9,                                     
                          Lines: 5-14, Col-12, Table-1)                                                                        
                          The dispositive question is, therefore, whether one of ordinary skill in                             
                  the art would have been led to employ a gelatin or gelatin derivative in the                                 
                  electrically conductive antistatic coating composition of the type described                                 
                  in Muys.  On this record, we answer this question in the affirmative.                                        
                          For the findings of fact set forth in the Answer and below, we concur                                
                  with the Examiner that the combined disclosures of Muys and Gardener                                         
                  would have suggested employing, inter alia, gelatins or gelatin derivatives                                  
                  as a binder for the antistatic coating composition of the type described in                                  
                  Muys.  As indicated supra, there is no dispute that the latex polymer                                        
                  described in Muys is used as a binder.  Indeed, the Appellants have                                          
                  acknowledged that “Muys et al. uses the latex polymer (not gelatin) to                                       
                  disperse the conductive particles (col. 3, ll. 51-55) and to provide suitable                                
                  adhesion between the polyester film support (col. 6, ll. 14-18) and overlying                                
                  layers (Br. 3).”  Also, there is no doubt that the latex polymer is hydrophilic.                             
                  Muys teaches that the latex polymer employed has hydrophilic functionality                                   
                  as indicated supra.   The Appellants have also acknowledged that “Muys et                                    
                  al. is directed to providing ‘aqueous’ formulations in which the latex binder                                
                  is dispersed (Col., lines 42-64) (Br. 4).”   Compare this description with the                               

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