Appeal 2007-2910
Application 10/304,881
1 Levine notes that the use of pigments in coatings is well known and
2 provides examples of suitable pigments.35 Levine's Example V shows the
3 use of a water-based sealer with pigments (Formula 1) that is applied to an
4 alkyd primer and is subsequently covered with an acrylic top coat.36 The
5 polymeric binder used (from Example III) contained a high molecular
6 weight epichlorohydrin bisphenol A-type epoxy resin.37
7 The APS article explains that paint is a mixture of pigment and a
8 liquid vehicle composed of binders and thinner. Clear coatings are not
9 paints because they lack pigments. In the coating art, it is conventional to
10 vary types and amounts of vehicle, pigments, extenders, additives, and
11 thinners to determine the final film properties.38
12 Differences between the prior art and the subject matter of claim 16
13 Robeson does not teach the inclusion of pigments to make the coating
14 a paint. Robeson does not teach coating a previously painted surface such
15 that the wet adhesion properties of Robeson's invention would be evident.
16 Levine teaches the use of low molecular weight epoxy resins,
17 including polyglycidyl bisphenol A, but notes that they do not form good
18 emulsions. Thus, Levine recommends using them as clear coatings rather
19 than paints.39 Moreover, while Levine uses amines, they are used as
20 solubilizing agents rather than epoxy hardeners.40
35 Levine 8:28-50.
36 Levine 10:1-49.
37 Levine 9:30-59.
38 APS 1297.
39 Levine 8:19-50.
40 Levine 7:24-42.
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