Appeal No. 96-2505
Application No. 08/122,417
matter of the rejected claims or direct those skilled in the art
to the subject matter without any need for picking, choosing and
combining various disclosures not directly related to each other
by the teachings of this reference. In re Arkley, 455 F.2d 586,
587, 172 USPQ 524, 526 (CCPA 1972). While Schwab unquestionably
discloses individual elements of the here claimed invention, the
element combination defined by the rejected claims would be
achieved only by picking, choosing and combining various
disclosures of the reference which are not directly related to
each other.
For example, the examiner is outside the boundary of section
102 in proposing to select at least 20% by weight tetramethyl
xylylene diisocyanate from the extensive number of diisocyanates
envisioned by Schwab and dispersing the consequent prepolymer in
water rather than a non-aqueous system for reaction with an
aminoalcohol specifically. The examiner points to nothing, and
we find nothing independently in the Schwab reference, which
yields a combination of these specific disclosures to the
exclusion of others in the absence of the aforementioned picking
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