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. 2Page: Previous 1 2 3 4 5 6 7 8 9 Next
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