Ex parte JOHNSON et al. - Page 4




          Appeal No. 95-2153                                                          
          Application No. 08/171,007                                                  


          production of melamine-formaldehyde resins, the pH of the                   
          reaction product is generally in the range of 1.0 to 2.5                    
          (specification, page 6, lines 5 through 7).  In the                         
          traditional production of melamine-formaldehyde resins,                     
          however, the dilute acid solution serves a different function               
          compared with the acidic catalyst disclosed by Ross.  As Ross               
          explains, the latter component is a curing agent which                      
          promotes the curing reaction of the nitrogeneous (melamine-                 
          aldehyde) resin with cellulose hydroxy groups present in the                
          treated fibers (Ross, column 1, line 29; column 2, lines 49                 
          through 53; column 6, line 37).  On this record, the examiner               
          has not established why it would have been obvious to carry                 
          out Ross' process for producing a treating solution for                     
          cellulosic fibers under pH conditions between 1.0 and 2.5                   
          merely because, in the traditional production of melamine-                  
          formaldehyde resins, the pH of the reaction product is                      
          generally in the range of 1.0 to 2.5.  This aspect of the                   
          examiner's rejection amounts to a non-sequitur.  Ross does not              
          disclose the pH of his aqueous treating solution, and the                   
          examiner errs by attributing the same pH value to that                      
          solution which is disclosed in appellants' specification, page              

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