Ex parte BORS et al. - Page 6

          Appeal No. 95-0365                                                          
          Application 07/921,537                                                      

               polyformaldehyde chains such as described in Gresham that              
               the formaldehyde functionality in the polyformaldehyde chain           
               would be available for a crosslinking reaction with an                 
               acetoacetate polymer functionality when the autoxidizable              
               alcohol end-blocking group was removed.  Furthermore, it               
               would have been obvious to one skilled in the art that once            
               these end-groups oxidized, the aqueous formaldehyde would,             
               albeit delayed, proceed to controllably crosslink the                  
               acetoacetate functional polymer in the art recognized                  
               manner and that until these end-groups oxidized a                      
               composition containing same would be shelf-stable                      
               [Answer, para. bridging pp. 4-5].                                      
               We find this position untenable.                                       
               As developed in the appellants’ Brief, none of the                     
          references teaches or suggests the combination of elements which            
          comprise the claimed composition.  Moreover, the examiner has               
          failed to provide any reasons based on the applied prior art, or            
          on the basis of knowledge generally available to one of ordinary            
          skill in the art, as to why the teachings of the references                 
          should be combined.  Rather, the examiner’s overall position is             
          that one of ordinary skill in the art would have understood that            
          aqueous formaldehyde is an excellent crosslinker for                        
          acetoactetate polymers and, thus, any modifications to the                  
          components of the crosslinking reaction would have been prima               
          facie obvious.  However, in reviewing the references relied on by           
          the examiner is difficult to discern on what basis this                     
          conclusion was reached.  The examiner has not provided any                  


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