Ex Parte Hale et al - Page 2

                Appeal 2007-2234                                                                                   
                Application 09/950,477                                                                             
                U.S.C. § 6(b).  We affirm.  However, since our reasons for concluding that                         
                the claims are unpatentable differ substantially from those advanced by the                        
                Examiner, we denominate our affirmance as a NEW GROUND OF                                          
                REJECTION.  37 CFR § 41.50(b).                                                                     
                       A.     The invention                                                                        
                       Appellants' invention is directed to methods for enhancing the anti-                        
                skid properties of cellulosic materials, e.g., paper boxes, bags and liners, by                    
                coating the material with an aqueous, substantially latex-free composition                         
                comprising an aluminate modified silica sol, as well as the resulting product                      
                and the coating composition.  Claim 11 is illustrative of the subject matter                       
                on appeal.                                                                                         
                              11. Cellulosic material at least partially coated                                    
                              with an aqueous substantially latex-free antiskid                                    
                              composition comprising at least an aluminate                                         
                              modified silica sol.                                                                 
                       Claim 1 recites a method comprising coating a cellulosic material with                      
                the composition, and claim 21 recites the aqueous composition.                                     
                       B.     The rejections                                                                       
                       The Examiner rejected claims 1-30 under 35 U.S.C. § 103(a).                                 
                       The following prior art2 was relied upon by the Examiner:                                   
                Wilkinson                  US 4,057,201                Nov. 8, 1977                                
                Miranda (Miranda '438) US 5,716,438                    Feb. 10, 1998                               
                Miranda                   WO 99/39838                 Aug. 12, 1999                               
                R. Iler, THE CHEMISTRY OF SILICA, John Wiley & Sons, Inc. (1979),                                  
                pp. 406-409.                                                                                       


                                                                                                                   
                2 The reader should know that the coinventors and coauthors are not                                
                indicated in this opinion.                                                                         

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