Ex Parte Barkac et al - Page 5

                Appeal 2007-2062                                                                              
                Application 10/360,263                                                                        
                      (1) Schneider discloses coating compositions having improved mar                        
                          and scratch resistance, where the composition includes particles                    
                          added to a film-forming resin, and the film-forming resin is                        
                          formed by reaction of a polymer containing functional groups with                   
                          a curing agent (Abstract; ¶ [0002], [0013], and [0020]);                            
                      (2) Schneider teaches that the particles have a size range of about 0.1                 
                          to 15 microns (¶ [0008] and [0025]);4                                               
                      (3) Schneider teaches that, for average particle sizes “smaller than 1                  
                          micron” TEM can be used to determine the average particle size (¶                   
                          [0026]);                                                                            
                      (4) Schneider teaches that the size of the particles can affect the level               
                          of mar and scratch resistance as well as appearance, and in                         
                          automotive clear coating compositions where appearance is                           
                          particularly relevant, low particle sizes are useful; Schneider                     
                          further teaches that one skilled in the art can optimize particle size              
                          (¶ [0034]);                                                                         
                      (5) Schneider teaches another embodiment of the invention where                         
                          “nanoparticles” are also incorporated into the particle-containing                  
                          polymer coating composition, and these nanoparticles include                        
                          organic and inorganic particles with an average particle size of 0.8                
                          to less than 500 nm, such as between 10 and 100 nm (¶ [0036]);                      


                                                                                                             
                4 Schneider discloses this range of “average particle sizes” (¶ [0025]) while                 
                claim 1 on appeal recites a “mean particle size.”  Neither Appellants nor the                 
                Examiner comment on these terms (see the Brief, Reply Brief, and Answer                       
                in their entirety).  Therefore, for purposes of this appeal, we consider these                
                terms to be equivalent.                                                                       
                                                      5                                                       

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