Ex parte MURAYAMA et al. - Page 6




          Appeal No. 1999-0097                                                        
          Application No. 08/532,976                                                  


          is as high as 10:1.  Moreover, as explained by the examiner                 
          and acknowledged by appellants at page 7 of the principal                   
          brief, Ohkubo exemplifies a polyurethane resin binder prepared              
          with 2.25 mol% of a sulfonated long chain diol in accordance                
          with the claimed formula.  Accordingly, we find that it would               
          have been obvious for one of ordinary skill in the art to use               
          the presently claimed amount of long chain sulfonated diol in               
          preparing the polyurethane resin of Kolycheck.  While                       
          appellants contend that Example 4 of Ohkubo uses a second long              
          chain diol that results in the use of 8.27 mol% of long chain               
          diol components, the examiner properly points out that Ohkubo               
          teaches that it is the presence of the sulfonate groups which               
          improve the dispersion of the magnetic powder and, therefore,               
          significance attaches to the amount of sulfonated diol that is              
          used to prepare the polyurethane binder.  The long chain diol               
          cited by appellants in Ohkubo's Example 4, Tone TM 0210, is                 
          described by Ohkubo as a precursor to a sulfonated diol                     
          (column 9, lines 65-68).  In addition, we find claim 1 to be                
          sufficiently broad to embrace polyurethane resins prepared by               
          reacting a long chain diol of the type disclosed by Ohkubo in               
          addition to the three components recited in appealed claim 1.               

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