Appeal No. 1998-1006
Application No. 08/499079
polyester material to a thermoplastic. Also, the examiner
does not explain how tackifying can occur in a solvent-
based system, which is the specific embodiment disclosed in
each of British Celanese and Moss.
We find that British Celanese discloses that the
lactic acid resin “may be dissolved alone in any suitable
solvent or mixture of solvents, and the solution thus
produced may be added to a solution of cellulose derivative
in the same or other solvents and plasticisers” (page 2,
lines 24-29). We find that Moss discloses the same subject
matter (page 2, lines 34-39). Hence, the system in each of
British Celanese and Moss is solvent-based, and we find the
examiner’s interpretation of these references, as
summarized on page 6 of this opinion, is overly broad,
especially regarding his reference to “plastic masses”.
On page 17 of their Brief, appellants emphasize the
idea that the polyester material of British Celanese and
Moss cannot act as a tackifier because of the solvent-based
system. In effect, appellants explain that because the
polyester material is in a liquid state due to use of a
solvent, or because the polyester material is added to a
cellulose derivative in a liquid state due to use of a
solvent, tackifying cannot occur because the ingredients
are in liquid form. We must agree with this understanding.
We note that appellants cite several cases regarding
the import of process claims involving non-obvious products
or new compounds. (Brief, pages 15-16). Appellants also
discuss the import of the preamble of their claim 44.
(Brief, pages 17-18). To address these particular
arguments made by appellants, we direct attention to the
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