Document jyprNX0r8ZOLwRXbZXxNj6DNQ

Europaisches ' Patentamt Generaldirektion 2 Europea Patent Officev Directorate General 2 Office europgen ties brevets Direction gdndrale 2 Z /i/HO ErhardtstraBe 27 0 D-8000 Munchen 2 0 (089) 2399-0 Telex 5 23 656 epmu d i "SO i :r it , ra via Charles C0 HirJ jr dolcorij riouoh :>2/ S- rti-jii ho 1 c o r r, ton Son, 4C*i v ft ~ \3 r. < h 01: J :i -- Z H G it z 1 Datum/Date 08.0130 L, J Zefchen/Ref/Ref LCW/CH-1 *71 AnmeWung Nr. /Application No. /Demanden* //PatentNr. /PatentNo. /Brevetnc 37303631.8-2112/ Anmelder/Applicant /Demandeur/ZPatentinhaber /Proprietor/Titutaire d o p o u t zz HEicjpr. ANn CC'-JP.VUY Please give the complete application number in all com munications Communication pursuant to Article 96(2) and Rule 51(2) EPC The /further/ examination of the above-identified application has revealed that it does not meet the requirements of the European Patent Convention for the reasons enclosed herewith. If the deficiencies indicated are not rectified the application may be refused pursuant to Article 97(1) EPC. You are invited to file your observations'and insofar as the deficiencies are such as to be rectifiable, to correct the indicated deficiencies within a period of______C> months from the notification of this communication, this period being computed in accordance with Rules 78(3) and 83(2) and (4) EPC. Amendments to the description, claims and drawings are to be filed where appropriate within the said period in three copies on separate sheets (Rule 36(1) EPC). Failure to comply with this invitation in due time will result in the application being deemed to be withdrawn (Article 96(3) EPC). C. Oenfcausen Telephone numbers: Primary examiner (substantive examination) (089) 2399-. Primary examiner Formalrttea offtcar (0 B9) 23 99-_&Q3-- for the Examining Division (Formalities Including extension of time limits) ^/ Enclosures: n 'S f Examiners' clerk page/s reasons (Form 2044/2906)i (other matters) ___ (0 89) 23 99- ,6/isi 12FE&I99G Registered letter EPO Form 2001.1 07.68 ... N 30963 Bescheid (Anlaja) worn Communication Siinnox) of Notification (Annexe) du V_ J 8, Q2, 90 ' Blatt ShBet Feuille Anmeldit|S|j|jfr, 1 AppIicotiiSwio: Demande No: 87 303 681 8 The examination is being carried out on the following appli cation documents: Description: Pages 1 and 3 to 7 as originally filed Pages 2 and 2a as filed with your letter of 21/12/89 Claims: Nos. 1 to 8 as originally filed ***** 1) All amendments made comply with Article 123(2); hence, they are acknowledged by the Examining Division. 2) The Examining Division agrees with the Applicant in so far as the preparation of the pigment particle is con cerned (letter of reply page 1 2), e.g. the pigment particles of D1 is manufactured by treating the TiO -particles, said particle bearing a surface coating comprising alumina, with the water soluble organic hy droxide acid or its' salt or ester (see D1 page 2 line 3 to 29); the particle of the invention is manufactured in a slurry (description page 4 line 25 to page 5 line 21). The subject matter claimed, however, is not a method but a pigment and a coating composition comprising the pig ment. It is not quite clear from the independent claims that the pigment of the invention is different from the pig ment of the prior art. EPA/EPO/OEB Form 2S06 0B.B4 Bescheid (AnToge) vom Communication jAnnex) of \ Notification (Annexe) du Biatt Sheet Feuiile Anmeldt^^felr, 2 ApplicatlWrAlo: Demands No: 87 303 681.8 The Applicant says that the important difference is that the acid anions are "associated with the TiO -particles" 2 (letter of reply, page 1 3). Firstly, in order to be able to fulfil the requirements of Article 84 EPC, it must be made clear what this ex pression means; hence, the explanation on page 3 (line 27 to 29) is to be inserted into claim 1 (Guidelines C III 4.2 EPC). Secondly, as it is to be taken from the description, the cerium is bound to the Tio -particles, and the alumina 2 is precipitated on the cerium coated TiO -particles. Such a particle is indeed different from the particle being described in Dl, which says that the alumina is coprecipitated with the oxide (page 2 line 30 to 35). However, claim 1 on file is not quit clear in so far as the order of the coatings is concerned. In the expres sion "...the particle surfaces having associated there with 0,05-2%..." the particle surfaces may refer to the Tio -particles or to the alumina coated TiO -particles. 22 This, claim 1 must be clarified (Article 84 EPC). 3) When the objection is overcome, the application will be ready for grant. EPA/EPO/OEB Form 3906 08.84 DUP050449559