Ex parte GILLIS et al. - Page 7




          Appeal No. 95-0999                                                          
          Application 07/925,347                                                      


          mixing them so that they can be used as an adhesive/sealant.                
          Both Gillis and Cassidy also place the same components in                   
          separate containers before mixing them for the purpose of                   
          preparing polymers by reaction injection molding processes.                 
          See, e.g.,  column 20, lines 49-52.  While the system of                    
          Gillis or Cassidy is used for a purpose different than                      
          appellants’, we find that it is identical to the claimed                    
          system.                                                                     
               Appellants argue that the examiner fails to consider the               
          preamble of the claims on appeal.  In this regard, appellants               
          ask us to focus on the term “adhesive/sealant”.  Appellants                 
          then go onto argue (Brief, page 12) that:                                   
               even though the present claims recite a                                
               “composition”, the limitations in the preamble                         
               characterizing the composition as “adhesive/sealant                    
               reaction systems” must be considered by the                            
               Examiner.                                                              
          In so arguing, appellants themselves fail to consider the                   
          claim preamble as a whole, including appellants own definition              
          of  “reaction system”.  As indicated supra, appellants claim                
          systems (not compositions) which are taught by either Gillis                
          or Cassidy.                                                                 


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