Appeal No. 95-5080
Application 07/952,122
a core-shell polymer (toughener) (column 3, line 53 - column 5,
line 10) and a hardener (column 5, lines 11, 58-61, column 6,
lines 41-50 and claim 13). Henton indicates that the hardeners
can be selected from Lee. Lee discloses numerous anhydride
hardeners in combination with amine accelerators useful for
curing epoxy resins. Henton also indicates that within the
expression “epoxy resin continuous phase” are curing agents,
hardening agents, reactive and inert diluents, and initiators or
catalysts. Henton's catalyst includes amines, e.g. methylene
dianiline and triethylene tetramine. Hence, from the teachings
of Henton one of ordinary skill in this art would combine a
liquid epoxy resin, a toughener, an anhydride and amine
accelerator, and an amine catalyst which catalyst satisfies the
claimed amine component (d). Hence, the teachings of Henton and
Lee would have been be sufficient to render the instant claims
prima facie obvious within the meaning of 35 U.S.C. § 103.
Appellants have relied upon the Eldin declaration to
establish unobviousness. We, like the examiner, have reviewed
the evidence of nonobviousness and weighed the same against the
evidence of obviousness of record. In re Johnson, 747 F.2d
9
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