Appeal 2007-1169
Application 09/850,857
ii) The Rejection of Claim 6 over Heilmayr in view of Lause or
further in view of Parker or Greenlee
Applicant’s claim 6 is directed to a triwall panel having improved heat
distortion characteristics. Applicant does not dispute the Examiner’s finding
that one of ordinary skill in the art knew that chlorinated PVC (CPVC)
provides excellent heat distortion characteristics and that the use of CPVC in
a panel to provide such heat distortion characteristics was obvious.
Claim 6 also requires that the inner and outer layers contain a coloring
additive to give the panel a darker color than listed in ASTM D-3679.
Applicant’s specification teaches that suitable coloring additives are those
traditionally used in the plastic and PVC arts, such as organic pigments.
(Specification p. 13, ll. 1-8).
Lause confirms that one of ordinary skill in the art knows that various
additives may be added to PVC, including “various pigments.” (Lause, col.
3, ll. 11-19). One of ordinary skill in the art could readily determine what
colors are commercially acceptable. KSR at 1742, 82 USPQ2d at 1397 (“A
person of ordinary skill is also a person of ordinary creativity, not an
automaton.”). We find that one of ordinary skill in the art would add
pigments to Heilmayr’s panels to achieve a desired, commercially
acceptable color.
We AFFIRM the Examiner’s rejection of claim 6 over the cited prior
art.
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