Appeal No. 2002-2063
Application No. 09/635,093
reaction with a substance reactive with the phenolic OH groups
(column 2, lines 48-55). The resinous composition is illustrated
by a formula at column 1, lines 40 et seq., which contains
alcoholic OH groups (i.e., when R4 is hydrocarbon and y=1).
However, the appellants have vigorously argued, and we
acknowledge, that Furness also discloses that the condensation
products preferably contain substantially no free reactive
phenolic groups, or less than about 5% (column 4, lines 47-53).
In our view this is clear evidence that at least some reactive
phenolic groups survive in the resin, and in a nonpreferred
embodiment, they would be present.
A reference is available for all that it discloses and
suggests, even unpreferred embodiments. See In re Lamberti, 545
F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); and In re Mills, 470
F.2d 649, 651, 176 USPQ 196, 198 (CCPA 1972). On balance, then,
we find Furness teaches the presence of two reactive OH groups,
which fulfills the condition of a two-component system laid out in
the claim preamble.
Further, the appellants urge that Furness is a three-
component system, in that it also has an additional phenolic
component, which is not a resin (Appeal Brief, page 11, lines 1-
30). We agree that Furness discloses an additional phenolic
2 See Hawley’s Condensed Chemical Dictionary, Fourteenth Edition, page 858, attached hereto.
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