Appeal No. 2006-2810 Page 6
Application No. 10/618,111
argument. Consequently, we find that the examiner has satisfied this prong of the
obviousness standard.
Next, we turn to the question of whether there was adequate motivation for the
person of skill in the art to have combined the references. As pointed out by the
examiner (Answer, page 5, lines 1-3), Cook explained that unfilled thermoset polymers
are prone to structural defects.
In general, unfilled thermoset polymers tend to be harder, more brittle and not as
tough as thermoplastic polymers. Thus, it is common practice to add a second
phase (i.e., fillers) to thermosetting polymers to improve their properties. In
addition, incorporation of fillers into the polymer matrices also strengthens and
stiffens the polymer matrix allowing the polymers to be used in an expanded
range of structural applications.
Cook, column 1, lines 52-59
To address this problem, Cook outlined a method of producing hybrid polymers
containing a chemically modified carboxylate-alumoxane. This approach was described
to improve the properties of the hybrid polymer as compared to the unmodified form.
Cook suggests this approach, as noted by the examiner, for “a wide range of polymer
matrices,” including thermoset epoxy resins. Cook, column 6, lines 19-21; column 12,
lines 11-17. The examples include DER 332 Epoxy resin (column 20, examples 16-20);
HTR-212 (column 20, example 22); ERL 4221 (column 22, example 32); EP-REZ-5522-
WY-55 (column 22, example 33). See also Cook, column 7, lines 8-19 which lists seven
different classes of polymers.
A suggestion, teaching, or motivation to combine the relevant prior art teachings
does not have to be found explicitly in the prior art. “[T]he teaching, motivation, or
suggestion may be implicit from the prior art as a whole, rather than expressly stated in
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007