Ex parte MARHEVKA - Page 2




                 Appeal No. 1996-1716                                                                                                                   
                 Application No. 08/344,532                                                                                                             


                 through 12, which stand withdrawn from consideration by the                                                                            
                 examiner (Answer, page 1).                                                                                                             
                          According to appellant, the invention is directed to an                                                                       
                 epoxy adhesive composition comprising a major amount of an                                                                             
                 epoxy resin and an oligomeric polyester, where the polyester                                                                           
                 is produced by the reaction of specific types of dicarboxylic                                                                          
                 acid and polyol (Brief, page 7).  Appealed claim 1 is                                                                                  
                 illustrative of the subject matter on appeal and a                                                                                     
                 reproduction of this claim is attached as an Appendix to this                                                                          
                 decision.                                                                                                                              
                          The examiner has relied upon the following references as                                                                      
                 evidence of obviousness:                                                                                                               
                 Aharoni                        4,336,343         Jun. 22, 1982                                                                         
                 Koleske                        4,707,535         Nov. 17, 1987                                                                         
                 Nishikawa et al. (Nishikawa)   4,933,252         Jun. 12, 1990                                                                         
                 Blount                         5,034,423         Jul. 23, 1991                                                                         
                 Tominaga et al. (Tominaga)     5,218,018         Jun.  8, 1993                                                                         
                 Tanaka et al. (Tanaka)         62-195678         Aug. 28, 1987                                                                         
                 (Published Japanese Kokai)2                                                                                                            
                          Claims 1-4 and 7 stand rejected under 35 U.S.C. § 112,                                                                        
                 first paragraph, “as the specification, as originally filed,                                                                           


                          2Our consideration of this reference relies on the English                                                                    
                 translation of this document which has been made of record.                                                                            
                                                                           2                                                                            





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