Appeal No. 95-3218
Application No. 08/100,696
The appealed claims stand rejected for obviousness
(35 U.S.C. § 103) over Merton.
We reverse.
The subject matter on appeal is directed to a hot melt
adhesive composition comprising a polyester polyether
copolymer component and a polyisocyanate prepolymer component.
Importantly, the composition is defined by the preambular
language of the appealed claims as a “solvent free, moisture
curable” hot melt that “can be extruded to form an initially
high green strength hot melt bond and can moisture-cure to an
adhesive bond.”
As evidence of obviousness of the claimed invention, the
examiner relies on Merton. Merton discloses a solvent based
heat activatable adhesive composition which, according to the
examiner, may be comprised of the identical two components
required by the appealed composition. The examiner
acknowledges that the Merton composition, as formulated, is
not initially solvent free. However, the examiner contends
that once Merton’s adhesive composition is applied to a
substrate and the solvent is removed, Merton’s adhesive is
then a solvent free heat activatable moisture curable
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