Appeal No. 95-1146
Application No. 07/913,126
teaches that curing may be accelerated, optionally, by the
inclusion of
p-toluene-sulfonic acid. Most of Cady's examples utilize
p-toluene-sulfonic acid, not an amine, and Cady discloses a
variety of ways of obtaining hydroxy functionality other than
the inclusion of an amine (column 2, lines 41 et seq.).
We also do not find that TABLE 4 of appellants'
specification is evidence of nonobviousness, since the data is
not germane to the claimed subject matter. The compositions set
forth in TABLE 4 are solvent-borne compositions, whereas the
claimed composition is in an aqueous medium.
We will not sustain the obviousness-type double patenting
rejection over U.S. Patent No. 4,778,869 because the claims of
the patent are directed to a copolymer containing ether
functionality, not the claimed hydroxy functionality. Also, the
patented claims are directed to a polymer containing active
hydrogen functionality provided by an amine, which is excluded
by the appealed claims.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
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