Appeal No. 2006-3155
Application 09/682,749
Appellants’ invention relates to a layered composition which includes
three defined layers in a defined spatial relationship, namely an upper layer,
an intermediate layer and a substrate layer. The upper layer consists
essentially of a cycloaliphatic polyester and certain specified types of UV
stabilizers. The intermediate layer consists essentially of a cycloaliphatic
polyester, and may also include Ti02, or a dye, pigment or special effects
additive. Br. 4. According to Appellants, they have discovered that the
intermediate layer has a significant affect on the retention of gloss when the
material is weathered. Br. 6.
The Examiner relies on the following prior art references to show
unpatentability:
Susi US 4,619,956 Oct. 28, 1986
MacGregor US 6,136,331 Oct. 24, 2000
The Examiner rejected claims 5, 7, 9, 11-18, and 20-25 under
35 U.S.C § 103(a) as unpatentable over McGregor in view of Susi.1
ISSUES
The Examiner contends that it would have been prima facie obvious
to apply more than one layer of the cycloaliphatic polyester composition to
MacGregor’s layered composition to amplify the weatherability and solvent
resistant properties. Appellants contend that the Examiner has failed to
show that the prior art teaches or suggests a multilayered composition
having upper and intermediate layers consisting essentially of a
cycloaliphatic polyester. The issue for us to decide is: Has the Examiner
made sufficient factual findings to establish a prima facie case of
1 A copy of appealed claims 5, 7, 9, 11-18 and 20-25 may be found in the
Claims Appendix of Appellants’ Brief.
2
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