Ex Parte Barkac et al - Page 2

                Appeal 2007-2062                                                                              
                Application 10/360,263                                                                        
                been twice presented and rejected.  See Ex parte Lemoine, 46 USPQ2d 1420,                     
                1423 (BPAI 1994); and 35 U.S.C. §§ 134 and 6(b).                                              
                      According to Appellants, the invention is directed to a curable powder                  
                film-forming composition comprising a crosslinking agent, a polymer                           
                containing a plurality of functional groups reactive with the crosslinking                    
                agent, and particles having a mean particle size less than 100 nanometers                     
                (nm), where the particles are substantially free of hydroxyl functional groups                
                on the particle surface and are present in an amount sufficient to improve the                
                flow and leveling of the composition when applied to a substrate and cured,                   
                as compared to a similar cured coating without the particles (Br. 2).1  Claim                 
                1 is illustrative of the invention and is reproduced below:                                   
                      1. A curable powder film-forming composition comprising                                 
                             (i) 5 to 95 percent by weight based on the total weight of the                   
                      film-forming composition of a crosslinking agent;                                       
                             (ii) 5 to 95 percent by weight based on the total weight of the                  
                      film-forming composition of a polymer containing a plurality of                         
                      functional groups reactive with the crosslinking agent; and                             
                             (iii) particles having a mean particle size less than 100 nm,                    
                      wherein the particles are substantially free of hydroxyl functional                     
                      groups on the particle surface, said particles present in an amount at                  
                      least sufficient to improve the flow and leveling of the composition                    
                      when applied to a substrate and cured, as measured by longwave                          
                      scanning, compared to a similar cured coating without the                               
                      particles.                                                                              
                      The Examiner has relied on the following prior art reference as                         
                evidence of unpatentability:                                                                  
                Schneider                               US 2002/0137872 A1                   Sep. 26, 2002    
                                                                                                             
                1 We refer to and cite from the Brief dated Sep. 28, 2006.                                    

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