Appeal 2007-2774 Application 10/285,632 [37] Appellant argues that Mahoney's teaching of applying "large quantities" of paint does not provide a sufficient factual basis to conclude that 5 to 20% of recirculating flush water is paint (Br. at 10, ¶ 2). [38] Appellant expressly directs our attention to the test protocol in Example 15 of Mahoney, which uses a simulated dirty flush solution of 0.2% paint by volume, as an indication of the typical amount of paint found in used flush solutions (Br. 7, ¶ 3, and 11-12, Table 1; FF 24). [39] Appellant also directs our attention to eight patents of record, including Mizuno, said to show that, in the prior art as a whole, a typical used flush solution contains less than 1% by volume of paint due to the very large amounts of flush solutions used (Br. at 11, ¶ 2). [40] According to Appellant, the paint concentrations (volume %, unless noted otherwise) in the test solutions used in these eight patents are as follows: Patent Title Vol. % Paint Forney Process for Controlling Pollution and Contamination in Paint or Lacquer Spray Booths 0.25 Gabel Composition for the Clarification and Detackification of Paint Spray Booth Wastes 0.1 Puchalski Paint Spray Booth Detackificaton Composition and Method 0.5 Leitz Paint Detackification Method 1.0 (wt. %) Arots Process for Detackification of Paint Spray Operation Wastes 0.25 Merrell Paint Spray Booth Treatment 1.0 Rey Method for Removing Solids from Systems Containing Water-Based Paints 0.2 Mizuno Wet Spray Booth Treating Agent and Method for Treatment Therewith 0.2 10Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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