Ex parte KUBITZA et al. - Page 8




          Appeal No. 96-2504                                                          
          Application 08/318,328                                                      


          the extent that their incorporation in the claimed composition              
          would materially affect the basic and novel characteristic of               
          the claimed invention.                                                      
               As for the separately argued claims, we are satisfied                  
          that Hombach's disclosure of preparing polyisocyanates from a               
          polyether polyol having about 10 ethylene oxide units                       
          establishes a prima facie case of obviousness for the claimed               
          polyether polyol having 9 ethylene oxide units.  Also, we are               
          convinced that one of ordinary skill in the art would have                  
          found it obvious to include a pigment, as well as a filler, in              
          adhesive compositions of Hombach for the purpose of adding                  
          color to the composition.  Also, concerning the section 103                 
          rejection of the appealed claims, we note that appellants base              
          no argument upon objective evidence of nonobviousness, such as              
          unexpected results.                                                         





               In conclusion, based on the foregoing, the examiner's                  
          decision rejecting the appealed claims is affirmed.                         
               No time period for taking any subsequent action in                     
                                          8                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007