Appeal 2007-2910
Application 10/304,881
1 and use of vinyl acetate and vinyl acrylic water-based coatings. They used
2 pigments to turn stable coatings into paints. They had considerable
3 experience in working with epoxy resins in water-based polymer emulsions.
4 ANALYSIS
5 Levine set the stage for a water-based paint or clear coating that
6 would adhere to a surface with an alkyd pre-coating. Levine recommended
7 the use of bisphenol A-based epoxy resins, but cautioned that lower
8 molecular weight epoxy resins formed less stable emulsions and were thus
9 less suitable for pigmented coatings.
10 Robeson taught a way to make water-based epoxy-polymer emulsions
11 that were stable and easier to make. One skilled in the art would have
12 appreciated that Robeson's approach to water-based epoxy-polymer
13 emulsions would make Levine's epoxy-polymer emulsions easier to make
14 and use. Indeed, the added stability of Robeson's emulsions would have
15 made even Levine's low molecular weight epoxy resins, such as
16 polyglycidyl bisphenol A, more attractive.
17 A person having ordinary skill in the art might not have appreciated
18 the wet adhesion properties of the Levine-Robeson combination. The claim
19 is not a method claim, however, and does not require an appreciation of this
20 advantage, which appears to be inherent in the combination. Air Products
21 argues that inherency applies to anticipation, not obviousness.44 This
22 position is an over-simplification of the law. Recognition of an inherent
44 Br. 3-4.
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