Appeal No. 95-2008
Application No. 08/032,178
According to appellants, the invention is directed to an
improvement over commonly assigned U.S. Patent No. 4,968,730
(hereafter “Honig”) wherein the quaternization of the tertiary
amines in the final pigment paste as required by Honig is
unnecessary if the epoxide resin starting materials contain a
sufficient number of polyoxyalkylene structures (brief, pages
2-3). Claim 13 is illustrative of the subject matter on
appeal and is attached as an Appendix to this decision.
The examiner relies upon the following references as
evidence of obviousness:
Paar et al. (Paar) 4,683,285 Jul. 28, 1987
Anderson et al. (Anderson) 4,698,141 Oct. 6, 1987
Claims 13 through 21 stand rejected under 35 U.S.C. § 103
as unpatentable over Paar in view of Anderson (answer, page
3). We reverse this rejection for reasons which follow.
OPINION
The process of appealed claim 13 requires a starting
material reactant which is a diepoxide compound with the
schematic structure “Z-Y-X-Y-Z” containing, inter alia, 10 to
50% by weight of polyoxyalkylene structures and possessing a
2
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