Appeal No. 1998-1006
Application No. 08/499079
composition, and that there is no disclosure in Moss or
British Celanese regarding the use of tackifying resins.
(Brief, pages 9-10).
Appellants point out that British Celanese discloses a
lactic acid resin dissolved in a solvent, and the resulting
solution is then added to a solution containing a cellulose
derivative. Appellants also state that this patent is
directed to such lacquers made with solvents. Appellants
argue that Moss is also directed to the preparation of
lacquers. (Brief, page 10). Appellants further argue that
a lacquer by definition is different from a hot melt
thermoplastic composition. (Brief, pages 10-11).
Appellants conclude that their claimed invention is
therefore different from the process of preparing the
lacquer of Moss or British Celanese. (Brief, page 11).
In the examiner’s rejection, the examiner states that
Moss and British Celanese both “disclose that it is known
to impart adhesion/stick to a thermoplastic . . . via the
incorporation thereinto of a thermoplastic polylactic acid
polyester resin”. (Office Action mailed on 5/10/96, page
4). In the Answer, the examiner further states that each
of Moss and British Celanese tackify a thermoplastic resin.
(Answer, page 5). The examiner also states that British
Celanese and Moss are not limited to lacquers because these
references provide for the production of “plastic masses”.
(Answer, page 5).
We find that although Moss and British Celanese
discuss “plastic masses”, the examiner does not explain how
such a generic disclosure anticipates, teaches, or
suggests, tackifying a hot melt thermoplastic composition
by adding an tackifying amount of appellants’ claimed
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