Ex parte POUTASSE - Page 4




          Appeal No. 96-3584                                                          
          Application No. 08/267,877                                                  


          to accelerate the opening of an epoxy ring (see May at page                 
          298).  According to appellant, the mechanism depicted by May                
          "indicates that phenol does not react with the epoxy, but                   
          rather hydrogen bonds in the transition state as it is the                  
          amine which reacts with the epoxy" (page 8 of Brief).                       
               Accordingly, since May does not disclose that resorcinol,              
          when used as an accelerator in an epoxy resin composition,                  
          reacts with the epoxy resin, and appellant has substantively                
          refuted the examiner's statement that such a reaction takes                 
          place during acceleration, we look to the examiner for a                    
          response to appellant's refutation.  However, the Examiner's                
          Answer is silent on this crucial point.  Consequently, based                
          on the record before us, we must find that there is                         
          insufficient evidence to support the examiner's position.                   
               The other references cited by the examiner, Shimizu and                
          Armstrong, do not remedy the noted deficiency of May.                       
               In conclusion, based on the foregoing, we are constrained              
          to reverse the examiner's rejections.                                       
                                      REVERSED                                        


                         EDWARD C. KIMLIN              )                              
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