Appeal 2007-2521
Reexamination 90/007,130
1 ISSUES
2 The Examiner contends that claims 1-7 and 12-18 are anticipated
3 because Yasuda describes rheological additives encompassed by the claims.
4 Examiner’s Answer, p. 3. The Examiner also contends that the “improved
5 intercoat adhesion” limitation of Claim 4 was inherent in Yasuda’s additives
6 because those additives are the same as additives claimed. Examiner’s
7 Answer, p. 4.
8 Patentees contend that that the rheological product claimed is different
9 than the rehological products obtained by Yasuda’s technique. Patentees
10 also contend that paints including the Yasuda additives do not demonstrate
11 “improved intercoat adhesion.”
12 The issue before us is whether Patentees have demonstrated error in
13 the rejection of Claims 1-7 and 12-18.
14 THE PRIOR ART
15 Yasuda relates to a rheological property regulating agent. Yasuda
16 teaches the agent is a fatty acid diamide. The diamides are said to be made
17 by heating a mixture of hydrogenated castor oil fatty acid and a C6 -C12
18 saturated straight chain fatty acid in the presence of ethylenediamine or 1,4
19 diaminobutane. Yasuda, p. 5, l, 13-18. The Examiner found that
20 hydrogenated castor oil fatty acid is the equivalent of 12-hydroxysteric acid.
21 Examiner’s Answer, p. 3. Patentees have not challenged this finding. It is
22 also unchallenged that the C6, C7 and C8 “straight chain saturated fatty acids
23 are the same as the “hexanoic acid, heptanoic acid and octanoic acid” recited
24 in Patentees’ claims.
25 Yasuda also provides an example of synthesizing a fatty acid diamide
26 by heating hydrogenated castor oil (12-hydroxystearic acid), caprylic acid
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Last modified: September 9, 2013