Ex Parte Kiefer-Liptak et al - Page 2

                Appeal 2007-3547                                                                             
                Application 10/231,652                                                                       

                      Appellants' claimed invention is directed to a film-forming coating                    
                composition including a polyester, an acrylic copolymer, a crosslinker, and a                
                solvent.  Claim 36 is illustrative and reproduced below:                                     
                      36.  A film-forming composition suitable for coating food cans                         
                comprising:                                                                                  
                            (a)  a polyester;                                                                
                            (b)  an acrylic copolymer;                                                       
                            (c)  a crosslinker; and                                                          
                            (d)  a solvent,                                                                  
                      wherein the polyester and acrylic copolymer are grafted together and                   
                the graft copolymer reacts with the crosslinker to form the film, and wherein                
                the composition is substantially epoxy free.                                                 
                                                                                                            
                      The Examiner relies on the following prior art references as evidence                  
                in rejecting the appealed claims:                                                            

                Kadowaki    US 4,728,684  Mar. 1, 1988                                                       
                Taga     JP 08269427  Oct. 15, 1996                                                          
                Simms    US 6,037,414  Mar. 14, 2000                                                         
                      Claims 7, 8, 15, 17, 36, 37, 39, 40, and 42-48 stand rejected under                    
                35 U.S.C. § 102(b) as being anticipated by Kadowaki.  Claims 7, 8, 15-22,                    
                36-48, 50, and 51 stand rejected under 35 U.S.C. § 102(b) as being                           
                anticipated by Taga.  Claims 7, 8, 15, 17, 36, 39, 41, and 43-48 stand                       
                rejected under 35 U.S.C. § 102(b) as being anticipated by or, in the                         
                alternative, under 35 U.S.C. § 103(a) as being unpatentable over Simms.                      


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