Ex Parte DESAI et al - Page 3


          Appeal No. 2001-1762                                                        
          Application No. 09/226,903                                                  

          Sugimori et al.              4,501,853           Feb. 26, 1985             
               (Sugimori)                                                             
          Schappert et al.             4,739,019           Apr. 19, 1988             
               (Schappert)                                                            
          Magnani et al.               DE 3809003 A1       Sep. 29, 1988             
               (Magnani)1                                                             
               Claims 1 through 11 and 14 on appeal stand rejected under              
          35 U.S.C. § 103(a) as unpatentable over Schappert in view of                
          Magnani and Sugimori.  (Examiner’s answer of Feb. 12, 2001,                 
          paper 16, pages 3-4.)                                                       
               We reverse this rejection.                                             
               Schappert describes a curable composition comprising:                  
               (a) one or more epoxide group containing materials                     
          containing at least two epoxide groups per molecule;                        
               (b) a positive amount of an effectively thermoplastic                  
          polyester, which does not react into the curable composition and            
          is present as a blended ingredient, which does not exceed 40                
          percent by weight based on the total weight of the epoxide and              
          polyester components of the composition, said polyester having a            
          weight average molecular weight of from about 1,000 to about                
          8,000, being non-reactive with the one or more epoxide group                

                                                                                     
               1  The examiner and the appellants also refer to this                  
          reference as the “German patent.”  Also, our citations to this              
          patent are to the English language translation found in the                 
          record.                                                                     
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