Ex parte MORADI-ARAGHI - Page 5




          Appeal No. 94-3134                                                          
          Application 07/848,884                                                      


          hexamethylene-tetramine “must” be used in conjunction with a                
          furan derivative.  Secondly, even if the appellant were                     
          correct, it would still be proper to conclude that Moradi-                  
          Araghi would have suggested replacing Mumallah’s aldehyde with              
          a combination of an aldehyde-generating compound such as                    
          hexamethylenetetramine and a furan derivative.  In this latter              
          regard, we here clarify that the appealed claims under                      
          consideration do not exclude the presence of a furan                        
          derivative.                                                                 
               The appellant also argues that “[t]he Examiner was in                  
          error in rejecting claims 1-28 under 35 USC  103 over Moradi-              
          Araghi and Mumallah..., even if combinable, because the                     
          invention demonstrates unexpected results” (Brief, page 6).                 
          This argument                                                               


          is further developed by the appellant on page 7 of the Brief                
          in the following manner:                                                    

                    As discussed above, appellant discovered                          
                    that two aldehyde-generating compounds,                           
                    glyoxal and 1,3,5-trioxane, did not react                         
                    with phenol to form a useful composition.                         
                    See, specifi-cation, pages 18-22, Examples                        
                    IV-V. Wishing not to be bound by theory,                          
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