Appeal No. 1996-1788
Application No. 08/158,580
unsaturated polyester resin, and an initiator. Further, the
examiner recognizes that Mahabadi makes no reference to any
polyester with amine functionality. Contrary to assertions
made by the examiner, we find no basis whatsoever for a
conclusion that either Wilson or Fuller discloses any aminated
polyester as such, let alone providing any motivation for
using an aminated polyester in the reactive melt mixing
process of Mahabadi. We agree with appellants that whatever
quaternary amine compound may be disclosed in Wilson is not
reacted with a thermoplastic polymer but, rather, is present
in toner particles as a separate component dispersed in a
polymer matrix phase (Wilson: col. 5, l. 65-67). Similarly,
we find no disclosure in Fuller of any polyester with amine
functionality; nor has the examiner pointed out - by column
and line - any specific disclosure by Fuller of an aminated
polyester.
With regard to the case for indefiniteness, we cannot
agree with the examiner that the expression "substantially
free of sol" has no fixed or definite meaning. Merely because
the word "substantially" may be broad in scope does not
necessarily render it indefinite. As appellants note, page 28
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