Appeal No. 96-3584 Application No. 08/267,877 to accelerate the opening of an epoxy ring (see May at page 298). According to appellant, the mechanism depicted by May "indicates that phenol does not react with the epoxy, but rather hydrogen bonds in the transition state as it is the amine which reacts with the epoxy" (page 8 of Brief). Accordingly, since May does not disclose that resorcinol, when used as an accelerator in an epoxy resin composition, reacts with the epoxy resin, and appellant has substantively refuted the examiner's statement that such a reaction takes place during acceleration, we look to the examiner for a response to appellant's refutation. However, the Examiner's Answer is silent on this crucial point. Consequently, based on the record before us, we must find that there is insufficient evidence to support the examiner's position. The other references cited by the examiner, Shimizu and Armstrong, do not remedy the noted deficiency of May. In conclusion, based on the foregoing, we are constrained to reverse the examiner's rejections. REVERSED EDWARD C. KIMLIN ) -4-Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007