Appeal 2007-1559
Application 10/151,746
from about 70 to about 50 parts by weight of an unsaturated polyester
having a reactive hydroxyl group content represented by a hydroxyl number
of from about 30 to about 120 mg KOH/g or resin; and
an amount of an organic polyisocyanate sufficient to provide from
about 0.05 to about 0.65 moles of isocyanate groups per mole of said
reactive hydroxyl groups.
The Examiner relies upon the following references as evidence
obviousness:
Butler US 5,998,510 Dec. 7, 1999
Yamada JP 56-55247 May 15, 1981
Appellant's claimed invention is directed to a carbon fiber reinforced
composite comprising an ethylenically unsaturated liquid monomer, an
unsaturated polyester having reactive hydroxyl groups, and an amount of
organic polyisocyanate sufficient to provide a molar ratio of isocyanate
groups to hydroxyl groups of from about 0.05 to about 0.65.
Appealed claims 12-20 and 27-36 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Butler in view of JP '247.1
Appellant's principal Brief fails to provide separate arguments for any
particular claim on appeal. Accordingly, all the appealed claims stand or fall
together with claim 12. Although Appellant presents separate arguments in
the Reply Brief, it is fundamental that arguments not raised in the main Brief
are considered waived. See Cross Med. Prods., Inc. v. Medtronics Sofamor
1 The Examiner's statement of the rejection at page 3 of the Answer
referencing only claim 12-20 is inadvertent, harmless error. Appellant's
principal Brief acknowledges the § 103 rejection of claims 27-36 as well
(see page 3 of principal Brief).
2
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