Appeal 2007-3256
Application 10/900,619
Appellants contend that “the references fail to teach or suggest 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” (Br. 3-4). Appellants argue, in particular,
that the references do not disclose or suggest a tactile effect composition
(Br. 3; Reply 1). Therefore, Appellants maintain that neither JP ‘976 nor
Munro anticipate the claims.
ISSUE
Based on the contentions of the Examiner and the Appellants, the
issue before us is: Has the Examiner carried the burden of establishing that,
as a matter of fact, JP ‘976 and Munro disclose, either expressly or under the
principles of inherency, coatings comprising both a color effect composition
and a tactile effect composition?
For the reasons discussed below, we answer this question in the
affirmative.
RELEVANT FINDINGS OF FACT
1) The Specification defines "color effect composition" as: “any
composition that imparts a desired color effect to a coating”
(Specification ¶ [0007]).
2) The Specification defines "tactile effect composition" as: “a
composition that, when applied to a substrate, produces a desired feel.
For example, the tactile effect can be to impart a soft texture or ‘soft
feel’ to the substrate” (Specification ¶ [0007]).
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