Ex Parte Kohler et al - Page 6

               Appeal No. 2007-1487                                                                         
               Application 09/562,632                                                                       

               references.  Accordingly, we consider the record anew.  Cf. In re Rinehart,                  
               531 F.2d 1048, 1051, 189 USPQ 143, 147 (CCPA 1976).                                          
                      The plain language of independent claim 1 specifies a coating                         
               composition comprising at least the specified amounts of an aqueous,                         
               hydroxy-functional, acid-group containing resin dispersion with the                          
               specified properties, a polyisocyanate component with the specified                          
               properties, and an epoxy functional silane component which is inert to                       
               isocyanate groups and reactive with acid groups in said dispersion via epoxy                 
               groups.  The claimed composition is described as a two-component                             
               polyurethane coating composition which contains a epoxy functional silane                    
               component that can be, inter alia, β-(3,4-epoxycyclohexyl)ethyl-                             
               trimethoxysilane or (3-glycidoxypropyl)trimethoxysilane, the latter specified                
               in claim 3 (Specification, e.g., 1:8-9, 4:7, and 5:19-21).  The claimed coating              
               composition is disclosed to exhibit adhesion and corrosion resistance on                     
               metal substrates, including aluminum and galvanized steel (id., e.g., 1:9-10).               
                      The plain language of claim 8 specifies a coating composition                         
               produced by adding the epoxy functional silane component to the                              
               polyisocyanate component, and dispersing the mixture with the aqueous,                       
               hydroxy-functional, acid-group containing resin dispersion component,                        
               wherein the components are defined in the same manner and present in the                     
               same amounts as in claim 1.  Thus, the claim is couched in product-by-                       
               process format.  See, e.g., In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964,                   
               966 (Fed. Cir. 1985).  The method set forth in this claim is described as                    
               avoiding a premature reaction of the epoxy functional silane component in                    



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