Saturday, April 18, 2015

PTAB affirms examiner in Ex parte Mabey

The PTAB affirmed the examiner in Ex parte Mabey.

The technical matter involved the addition of an intumescent agent in a latex based paint.

GrafGuard, a graphite intercalated with sulfuric acid/nitric acid arose in the discussion.

Appellants made an argument that the Armstrong prior art was in a different patent classification group, and thus not analogous.  This did not fare well.

In re zgurley is cited as to teaching away.

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