Appeal No. 2007-1487
Application 09/562,632
composition of Kubitza to improve the adhesion of Kubitza’s composition to
metals (id.).
With respect to product claim 8, the Examiner further contends a
person of ordinary skill in the coating arts is a chemist knowledgeable in
combining non-reactive ingredients (id. 4-5). Thus, the Examiner concludes
this person would have combined the polyisocyanate component of Kubitza
with the epoxy functional silane coupling agent of Morikawa in preparing
the coating compositions of Kubitza since these two components would not
react, and thus, the epoxy functional silane would not react with the acid
groups in the resin component before the resin component is mixed with the
polyisocyanate component (id.).
Appellants contend there is no suggestion in Kubitza “that there are
any adhesion or corrosion resistance problems with the compositions
described therein” (Br. 4). Appellants contend Morikawa does not suggest
“the use of an aqueous, OH-functional, acid group containing resin
dispersion” (id.; original emphasis omitted). Appellants contend Morikawa
suggests adding a silane coupling agent to the non-aqueous compositions “to
improve ‘workability’ and ‘bonding strength’ (see column 8, lines 57-
59)” but “the results reported by the reference for those compositions using a
silane did not exhibit any improvement in bond strength (see Table 6 –
adhesives AD-A, AD-C, AD-E, AD-F, AD-G, AD-I and AD-J contained a
silane)” (id. 4-5). Appellants contend “[t]he results in Table 6 do not show
any improvement for those compositions where a silane was present,” and
thus, “[i]t is completely unclear how or why one of ordinary skill in the art
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