APPLICATION OF ROSENBERGER
Citation | 156 USPQ 24,386 F.2d 1015 |
Decision Date | 07 March 1968 |
Docket Number | Patent Appeal No. 7827. |
Parties | Application of Frank B. ROSENBERGER and Corwin R. Brandt. |
Court | United States Court of Customs and Patent Appeals |
George B. Campbell, New York City, Arthur J. Plantamura, Morristown, N. J., for appellants.
Joseph Schimmel, Washington, D. C. (Fred W. Sherling, Washington, D. C., of counsel), for the Commissioner of Patents.
Before WORLEY, Chief Judge, RICH, SMITH and ALMOND, Judges, and WILLIAM H. KIRKPATRICK.*
This is an appeal from the decision of the Board of Appeals affirming the rejection of claims 1-4, 6-11, 13-17, and 19, all of the claims in the application.1
Appellants' invention is a method for producing a smooth, glossy, stain-resistant surface on molded plastic dinnerware. The method comprises, briefly, partially curing a preformed charge of a molding compound, placing a second particularly-defined granular amine-formaldehyde resin on the surface of the partially cured charge, and molding and curing the charge and the second resin in a manner to cause uniform flow of the second resin over the partially cured charge forming an integral coherent coating.
Claims 1 and 3 are illustrative:
Claims 9, 10, 11, and 17 are similar to claim 3 but contain the further limitation that a decorative foil is interposed between the partially cured preform and the coating resin. Claim 2 is directed to the product produced by the process of claim 1.
The references are:
Nast 2,244,565 June 3, 1941 Barlow et al. (Barlow) 2,646,380 July 21, 1953 Varela et al. (Varela) 2,781,553 February 19, 1957
Varela was concerned with the same problem as appellants — the formation of a protective surface on molded dinnerware. In reviewing the prior art, Varela states:
Among the general methods of applying a surface to molding compositions are dusting, dipping, spraying and placing a pill preform of surfacing compound on a core preform and then molding. The dusting technique is utilized in a two-step molding process for glazing the top surface of fairly non-complex shapes such as plates and table tops. By this method, a suitable core material is partially cured, the mold then opened, a layer of surfacing resin dusted on the surface, and the cure of the material then completed. Such a surface, however, does not have adequate durability to resist cracking during thermal stress. * * * In the pill preform technique the general method is to place a charge in a mold and form a preform. The mold is opened after a set interval and an electronically warmed pill preform is inserted, the mold...
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Hedges, In re
...of "routine experimentation". The plain reading of Felix is contrary to the PTO position. As was said in In re Rosenberger, 386 F.2d 1015, 1018, 156 USPQ 24, 26 (CCPA 1967), "[t]his appears to be an extremely strained interpretation of the reference which could be made only by To overcome t......
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Application of Buehler
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