Ex parte HUTCHENS et al. - Page 6




               Appeal No. 1996-3292                                                                                                   
               Application 07/991,467                                                                                                 


               capable of providing an adhesive and insulation layer, and we find no indication that there is a lack of               

               enablement of the composition as claimed.                                                                              

                       Accordingly, rejection (1) will not be sustained.                                                              

                                                            Rejection (2)                                                             

                       The primary reference, Daume, discloses an inhibitor coating for solid propellant charges                      

               comprising an insulating layer containing a binder and a filler, and a protective and adhesion layer.  As              

               noted by the examiner, the binder of the insulating layer may be a polyether and a hardener (curing                    

               agent) (col. 4, lines 1 to 4).  Various materials are disclosed as possible fillers; Daume states that it is           

               known to use inorganic substances such as quartz (silica) (col. 3, lines 24 to 26), but that cooling                   

               agents, particularly aluminum hydroxide, are more suitable than the inert fillers (col. 3, lines 48 to 65).            

                       Appellants argue, first, that, "[u]nlike the claimed invention, the insulating layer disclosed in              

               Daume does not function as an adhesive or an insulator" (reply brief, page 6).                                         

               We do not agree because, first, it is not evident why an "insulating layer" would not be an "insulation                

               layer" as called for by the appealed claims.  Secondly, although Daume also uses an adhesive layer, it is              

               disclosed at col. 4, line 6 et seq., that measures a and b should be undertaken with respect to the binder             

               of the insulating layer so that there will still be "satisfactory adhesion" (col. 4, lines 10 and 11).  It             

               therefore appears that Daume's insulating layer has adhesive properties.                                               




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