Appeal 2007-2234
Application 09/950,477
D. Wilkinson
[31] Wilkinson describes LUDOX AMŽ as a "slip resistant composition"
available from Du Pont useful in coating materials to enhance their
surface coefficient of friction (col. 2, ll. 49-51; col. 3, ll. 17-20).
D. The Examiner's position
The Examiner found that formulation (2) of Example 1 of Miranda
had all the constituents as the "preferred embodiment" of formulation (3)
except for the latex and Example 1 showed formulation (3) comprising latex
"had a greater slide angle to the paperboard at the winder than the non-
preferred latex-free embodiment" of formulation (2) (Examiner's Answer,
mailed 14 December 2006, "Answer," 3). On the other hand, the Examiner
found that formulation (2) showed a higher printability index than
formulation (3) in Example 2 (id., 4). The Examiner determined that latex-
free formulation A "had less of a propensity to form deposits and a higher
cleanability than the preferred embodiment" of latex-containing formulation
B in Example 3 (id.). The Examiner further determined that latex-containing
solutions (1) to (3) of Example 4 "produced more favorable appearances and
consistencies after removal of water than the non-preferred latex-free"
solution (4) (id., 3-4). The Examiner concluded that it would have been
obvious to one of ordinary skill in the art to "make the compositions of
Miranda latex-free, because some applications require a composition with
the highest printability and the highest cleanability" (id., 4).
The Examiner further concluded that it would have been obvious to
one of ordinary skill in the art to use aluminate-modified silica sol in the
latex-free compositions of Miranda "because aluminate modified silica sol
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