Appeal 2007-3256
Application 10/900,619
effect of the other (Specification [0005]). Claim 1 is illustrative of the
invention and is reproduced below:
1. A substrate coated with one or more coating layers, wherein at
least one coating layer comprises a color effect composition, and at least one
coating layer comprises a tactile effect composition, wherein both the color
effect and the tactile effect are present.
The Examiner relies on the following prior art references to show
unpatentability:
Mitsuru (JP’976) JP Hei 8[1976]-208976 Aug. 13, 1996
Munro US 2003/0125416 A1 Jul. 3, 2003
The Examiner made the following rejections:
1. Claims 1 and 2 under 35 U.S.C. § 102(b) as anticipated by JP ‘976.
2. Claims 1-14 under 35 U.S.C. § 102(b) as anticipated by Munro.
3. Claims 1-14 are provisionally rejected under the judicially created
doctrine of obviousness-type double patenting as unpatentable over claims
1-7, 26-32, 35-36, 38, and 45-51 of copending Application No. 10/034,825.
BACKGROUND
The Examiner finds that JP ‘976 discloses a coating composition
comprising pigmented microbeads in a resin composition (Answer 3). The
Examiner further finds that the JP ‘976 coating composition, when applied
to a substrate, has a desired color and a desired feel (Answer 5).
The Examiner finds that Munro discloses the invention as claimed
with the exception of an express disclosure of a “tactile effect composition.”
However, the Examiner maintains that the coating taught by Munro would
inherently provide some type of coating feel or tactile property (Answer 5).
The Examiner concludes that JP ‘976 anticipates appealed claims 1
and 2 and that Munro anticipates claims 1-14.
2
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