Ex Parte Lelental et al - Page 7

                  Appeal 2006-2950                                                                                             
                  Application 10/036,126                                                                                       

                  Appellants’ definition of “hydrophilic binder” described at page 12 of the                                   
                  Specification.                                                                                               
                          Although Muys does not mention employing gelatins or gelatin                                         
                  derivatives as a binder for its electrically conductive antistatic coating                                   
                  composition, the Examiner has correctly found that Gardener teaches                                          
                  gelatins or gelatin derivatives to be conventional film-forming binders useful                               
                  for electrically conductive antistatic coating compositions, including those                                 
                  containing water.   Specifically, Gardener teaches (col. 15, ll. 10-32 and 40-                               
                  52):                                                                                                         
                                 A wide variety of film-forming binders are useful as one                                      
                          skilled in the art would readily appreciate.  Thus, the materials                                    
                          listed herein are representative only, and not meant to be                                           
                          limiting any way … Examples include methyl or ethyl                                                  
                          methacrylate homo- and copolymers…polyurethanes…gelatin                                              
                          (including alkali- or acid-treated gelatins), gelatin derivatives                                    
                          (such as acetylated gelatin and phthalated gelatin),                                                 
                          polysaccharides (such as dextran, gum arabic and zein), or                                           
                          gelatin-like synthetic polymers…                                                                     
                          …                                                                                                    
                                 The film-forming binder is dissolved in a second                                              
                          solvent…                                                                                             
                          Preferred second solvents are water, dichloromethane (or other                                       
                          chloronated solvents).                                                                               
                  Implicit in this teaching is that it is well within the ambit of one of ordinary                             
                  skill in the art to select appropriate or optimum film-forming binders,                                      
                  including gelatins and their derivatives, for given electrically conductive                                  
                  antistatic coating compositions, including those containing water.  In re                                    
                  Preda, 401 F.2d at 826, 159 USPQ at 344.  This is especially true in this                                    
                  case since Gardener lists the latex polymers taught by Muys, e.g.,                                           


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