Ex Parte Wilson - Page 10

                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                           



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