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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