Appeal No. 95-3218
Application No. 08/100,696
See the first full paragraph, at page 461 of the Kirk-Othmer
publication cited by appellants.
Secondly, Merton provides no indication that a dried
adhesive film preapplied and bonded to a substrate can be
subsequently extruded to form a hot melt bond and can be
subsequently moisture cured to an adhesive bond. Indeed, it
would be highly speculative to suggest that a preapplied
adhesive film that had dried and cured for about 60 days, as
taught by Merton at column 3, lines 36-38, could subsequently
further “moisture-cure to an adhesive bond” or that the
polyfunctional isocyanate would then be present “in a
concentration sufficient” to “cure the adhesive composition
through reaction with moisture” as specified and required by
the appealed claims. Accordingly, we cannot sustain the
stated rejection of the appealed claims based on disclosures
in Merton.
One final point remains. At the oral hearing, a question
was raised as to whether the claim language defining the
copolymer component as a polyester polyether is an accurate
and definite description of this component when R is a C1 2-6
alkylene. We decline to exercise our discretion to state a
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