Appeal No. 1997-4365
Application 08/469,726
unpatentable over Macholdt et al. (Macholdt) and Iwasawa et al. (Iwasawa) and Wooten et al.
(Wooten) in view of Japanese Patent No. 58-146582 (Kajiura) and Akkapeddi et al. (Akkapeddi). 3
Contrary to appellants’ contentions (brief, page 3), we find that one of ordinary skill in this art would
have reasonably inferred from Kajiura that tris-pyrrolidonyl triazine would homo-polymerize through a4
ring opening reaction involving the pyrrolidonyl moiety to form a “thermosetting resin with excellent heat
resistance” as well as function via the ring opening reaction as a “hardener” or curing agent “for all-
purpose resins such as epoxy resins and phenolic resins” (pages 7-8; see brief, pages 3-4). We 5
cannot agree with the examiner that this disclosure of Kajiura when coupled with the disclosure at page
3 with respect to “melamine” would have reasonably suggested to one of ordinary skill in this art that
resins hardened with melamine per se would “exhibit superior heat resistance” over resins hardened
with melamine resins (answer, pages 5 and 6-7; see also brief, page 4). We find that the examiner has
not alleged that the “epoxy resins and phenolic resins” hardened with tris-pyrrolidonyl triazine as taught
Kajiura will form a “film or object” which is required of the compositions specified in the appealed
claims.
Further contrary to appellants’ contentions (brief, page 3), we find that Akkapeddi discloses
that the preparation of polyether prepolymers with “2-dimethyl-amino-4,6-bis(á-pyrrolidonyl)-1,3,5-
triazine (BpT)” results in “end capped product with statistical distribution of chain extended by-
products” (pages 314 and 315). We find that one of ordinary skill in this art would have reasonably
inferred from this disclosure that chain extension would occur even where the prepolymers are end-
3The references are listed at page 3 of the answer. We refer in our opinion to the translation of Kajiura
prepared for the PTO by FLS, Inc. in November, 1993.
4Kajiura names this compound “2,4,6-tris(N-(azacyclopentane-2-onyl))-1,3,5-triazine” (page 5, line
8).
5In evaluating the teachings of the applied references, we must, of course, consider the specific
teachings thereof and the inferences one of ordinary skill in this art would have reasonably been
expected to draw therefrom. In re Fritch, 972 F.2d 1260, 1264-65, 23 USPQ2d 1780, 1782-83
(Fed. Cir. 1992); In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968). In
evaluating the relevance of the various teachings of these references, we must presume skill on the part
of those of ordinary skill in this art. See In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed.
Cir. 1985).
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