Ex Parte Torbus et al - Page 9




         Appeal No. 2002-2063                                                       
         Application No. 09/635,093                                                 
         component which is a bisphenol, biphenol, thiodiphenol and the             
         like (column 5, line 66 – column 9, line 41).  However, the                
         claimed two-component system does not exclude this component, as           
         it reasonably appears that it functions within the context of the          
         claimed two-component system (it has at least two reactive OH              
         groups, although not a polyol).                                            
              A two component system can have different types of                    
         ingredients in it, yet still fulfill the principal definition of a         
         two component system having one component (which can be a mixture          
         of ingredients) with two OH groups, and another component (which           
         may be a mixture of ingredients) containing the reactive                   
         isocyanate groups.  The appellants have provided no evidence               
         otherwise that the reaction is materially affected, nor have they          
         restricted their claim to exclude this ingredient.   We therefore          
         find that the inclusion of the third phenolic ingredient of                
         Furness is within the claim scope and conclude that it is not              
         fatal to the case of obviousness.                                          
              We find that Furness further suggests suitable solvents for           
         the phenolic and resinous components, which include a wide variety         
         listed from lines 41-61 of column 9.  The resinous component is            
         mixed to homogeneity (column 9, lines 61-63).                              
              We find that Furness also discloses organic polyisocyanates           
         and suitable solvents, at column 10, lines 35-41.  These solvents          

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