Appeal No. 2007-1487
Application 09/562,632
composition by the addition of an epoxy functional silane coupling agent.
We determine from the acknowledged observance of adhesion problems
leading to signs of corrosion with coatings of prior art aqueous coating
compositions on metal surfaces that this person would have readily observed
such conditions, see In re Goodman, 339 F.2d 228, 232-33, 144 USPQ
30, 33-34 (CCPA 1964), and there is no evidence that recognition of this
problem is part of appellants’ claimed invention. See, e.g., In re Ludwig,
353 F.2d 241, 243, 147 USPQ 420, 421 (CCPA 1965); In re Sponnoble,
405 F.2d 578, 585, 160 USPQ 237, 243 (CCPA 1969). It is well settled that
“[t]he significance of evidence that a problem was known in the prior art is,
of course, that knowledge of a problem provides a reason or motivation for
workers in the art to apply their skill to its solution.” In re Nomiya, 509 F.2d
566, 572, 184 USPQ 607, 613 (CCPA 1975). Thus, we are of the opinion
that one of ordinary skill in this art would have addressed the problem of
adhesion of the aqueous coating compositions on metal surfaces leading to
corrosion by combining the references.
We are not convinced otherwise by the fact that Kubitza discloses
aqueous compositions while Morikawa discloses organic solvent containing
compositions wherein the solvent can be ethyl acetate. Indeed, the same or
similar carboxylic acid group containing polyurethane resins in both
references can be prepared in ethyl acetate, and Kubitza discloses that such
resins can thereafter be converted to aqueous dispersions to which the same
or similar polyisocyanate components are added. Appellants do not contend
that one of ordinary skill in this art would not have added an epoxy
functional silane disclosed by Morikawa to Kubitza’s compositions because
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