Ex parte WAMPRECHT et al. - Page 4




          Appeal No. 1998-3113                                                        
          Application No. 08/583,167                                                  


          within the 3 to 8 range, and 2) a carboxylic acid component                 
          including, in an amount which should be at least about 50 wt%,              
          an aromatic or a cycloaliphatic carboxylic acid, and                        
          optionally including acyclic carboxylic acids and anhydrides                
          which can be maleic acid, maleic anhydride or fumaric acid                  
          (col. 2, lines 16-24 and 40-49; col. 2, line 60 - col. 3, line              
          3).  The functionality can be controlled by a including in the              
          composition a monoalcohol or a monofunctional acid (col. 2,                 
          lines 57-59; col. 3, lines 4-6 and 29-33).  The teaching that               
          “[b]y varying the amounts and functionalities of the                        
          individual components, polyester polyols with virtually any                 
          theoretical average functionality may be obtained” (col. 3,                 
          lines 33-36) would have fairly suggested, to one of ordinary                
          skill in the art, including in the composition any amount of                
          monoalcohol or monofunctional acid needed to obtain the                     
          desired functionality, such as amounts of at least 10 mole%.                
          Nodelman’s disclosure of polyol A, wherein the monofunctional               
          acid (2-ethylhexanoic acid) is present in an amount of 11.8                 
          mole% of the acid and anhydride components, further would have              
          fairly suggested, to one of ordinary skill in the art,                      


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