Appeal No. 1996-3320 Page 7
Application No. 08/342,955
composition as disclosed in the Lucey reference and to replace
or use as the epoxide component for making the acrylated
polymer/monomer, the epoxide of the Bagga reference to improve
the flexibility and lower the viscosity, as taught by Bagga
(answer, page 4).
We cannot subscribe to the examiner's position regarding
the combined references’ teachings as reproduced above. In our
view, the examiner has not furnished an adequate evidentiary
foundation from which a conclusion of obviousness can be
reached. In this regard, we do not find that the use of an
acrylate of formula Ia or Ib as claimed herein would have been
reasonably suggested for use in the composition of Lucey and
would have been rendered obvious within the meaning of 35 U.S.C.
§ 103 by the teachings of Lucey taken together with Bagga. In
particular, the examiner has acknowledged, and we agree, that
Bagga does not disclose an acrylate of formula Ia or Ib let
alone any suggestion of such an acrylate as being useful for a
resin composition as disclosed by Lucey. While Lucey does teach
that the prepolymer for use in their composition may be selected
from a variety of listed types of acrylates, Lucey does not
teach or suggest the use of an acrylate of formula Ia or Ib in
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