Appeal 2007-2521
Reexamination 90/007,130
1 additives overlap those in Yasuda’s small genus, the paints using those
2 additives appear to be identical to some of the paints claimed. The recitation
3 of a newly discovered property of an old composition, does not render the
4 composition novel over the prior art. Abbott Laboratories, 471 F.3d at 1369,
5 80 USPQ2d at 1863; Titanium Metals, 778 F.2d at 782, 227 USPQ at 778).
6 The rejection of Claim 4 and Claims 5-7 and 12-15 is affirmed.
7 DECISION
8 ORDERED that the Examiner’s rejection of Claims 17 and 12-18
9 under 35 U.S.C. § 102(b) as anticipated by Yasuda is affirmed.
AFFIRMED
(37 C.F.R. § 41.50(b) (2006)
cc (via U.S. Mail):
Michael J. Cronin, Esq.
ELEMENTIS plc
329 Wychoffs Mill Road
Highstown, NJ 08520
Michael R. Davis
WENDEROTH LIND & PONACK L.L.P.
2033 K Street N.W. Suite 800
Washington, DC 20006
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