Appeal No. 2002-2063
Application No. 09/635,093
Ziegler v. Phillips Petroleum Co., 483 F.2d 858, 878, 177 USPQ
481, 494 (5th Cir. 1973) ("In the absence of any evidence that a
third component [*7] was being excluded by the 'essentially
consisting of' language, we cannot read those words as meaning
'consisting solely of' or 'consisting exclusively of'").
No evidence is presented that the additional phenol component
of Furness would materially affect the two-component reaction
between the phenol-containing resin of Furness and the
polyisocyanate component of Furness. These components, which,
when reacted together via the phenolic and alcoholic OH groups (or
remaining OH groups in the preferred embodiment), are capable of
producing a resin in a two-component binder system. Consequently,
the appellants terming the Furness system as a “three-component”
system, does not exclude the Furness system which is capable of
functioning as a two-component system and therefore is not
persuasive.
The appellants next urge that there is no teaching in Furness
of the employment of more fatty acid methyl ester than other
polyisocyanate solvent. (Appeal Brief, page 12, lines 7-20).
While this also is technically true, the claim simply does not
contain such a limitation. There is no lower limit of high-boiling
solvent,5 and other suitable solvents could be employed from
5 For example, parent US Patent 6,136,888 contains claims which require the
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