Ex Parte Torbus et al - Page 12




         Appeal No. 2002-2063                                                       
         Application No. 09/635,093                                                 
         system, when admixed, contains a homogeneous blend of all the              
         components.  Therefore, it matters not which component appellants          
         assert is intended for which solvent, a mixture of all will meet           
         the claim limitations.                                                     
              Appellants also contend that Furness fails to disclose the            
         use of a mold release agent as solvent, much less sole solvent,            
         for both the phenolic resin and the polyisocyanate.  (Appeal               
         Brief, page 9, lines 13-24).  We note that claim 12 is not                 
         restricted to the use of a mold release agent as a sole solvent.           
         The claim language, to which our review is confined, only requires         
         more fatty acid methyl ester than high boiling aromatic                    
         hydrocarbon in solvent (b) (ii).  It does not require that fatty           
         acid methyl ester be the majority of the solvent, or even that             
         high boiling aromatic hydrocarbon be present.                              
              Reading the claim as broadly as is reasonable, we agree with          
         the examiner that, reading the suggested list of solvents supplied         
         by Furness, when one of ordinary skill in the art selects a low-           
         boiling hydrocarbon solvent for the polyisocyanate solvent of              
         Furness, no (or minute amounts of) fatty acid methyl ester would           
         be required.  We consequently are not persuaded by this argument.          
              The appellants also urge that there is no teaching to select          
         methyl monoesters of one or more fatty acids with a carbon chain           
         of twelve or more carbon atoms from among the drying oils listed           

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