Ex Parte Awokola et al - Page 3

                Appeal 2007-0296                                                                                
                Application 09/873,714                                                                          

                       C)  2-10 weight-% of at least one compound having at least one                           
                phosphoric acid group and containing at least one free-radically                                
                polymerizable double bond, wherein the weight-% of component C) is                              
                relative to quantity of the entire coating composition;                                         
                wherein said cured filler layer produces no edge marks when said topcoat                        
                layer is applied.                                                                               

                       8.  The process according to claim 1, wherein the filler coating                         
                composition comprises as component B) isobornyl (meth)acrylate.                                 

                       The references set forth below are relied upon by the Examiner as                        
                evidence of obviousness:                                                                        
                Richard   US 5,091,211  Feb. 25, 1992                                                           
                Brehm   US 5,700,576  Dec. 23, 1997                                                             
                Maag    US 6,531,188 B1  Mar. 11, 2003                                                          


                       Claims 1-3, 6, 10, and 13 are rejected under 35 U.S.C. § 103(a) as                       
                being unpatentable over Maag (i.e., DE-A-19757082 or WO 99/26733)1                              
                in view of Richard, and claim 8 is correspondingly rejected over these                          
                references and further in view of Brehm.                                                        
                       These rejections cannot be sustained for the reasons set forth below.                    
                       In rejecting claim 1, the Examiner concludes that it would have been                     
                obvious to modify Maag's process of applying a filler coating composition to                    
                a metal substrate by providing the composition with a phosphoric acid ester                     
                in order to improve bond strength as taught by Richard (Answer 3-4).  We                        
                                                                                                               
                1  Concerning the disclosure of Maag, both the Examiner and the Appellants                      
                rely on and refer to Maag's English language disclosure in US 6,531,188 B1.                     
                We shall do likewise.                                                                           
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