Appeal No. 1998-3116
Application 08/367,327
properties (pages 2 and 4). The polyester urethanes are made
using, as a reactive component, a hydroxyl-containing
oligoester selected from a general formula (page 3) which
includes compounds falling within the scope of the formulae
for carboxylic acid diols in the appellants’ independent
claims. The oligoester imparts biodegradable properties to
the end product, see id., and the solubility of the polyester
urethanes in organic solvents facilitates their processing
into articles (page 8). Zaalishvili does not disclose using,
as a component of the reaction mixture for making the
polyester urethanes, the diol containing acid groups or salt
groups recited in each of the appellants’ independent claims,
and does not disclose use of the polyester urethanes for
treating hair or for coating or binding a pharmaceutical
composition as recited in, respectively, the appellants’
claims 1 and 9.
The portion of Johnston relied upon by the examiner
(answer, page 4) is a discussion of U.S. patent no. 3,412,054
to Milligan et al. which, Johnston states (col. 1, lines 20-
24), discloses reacting a 2,2-di(hydroxymethyl)alkanoic acid
4
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