Appeal No. 1997-1790
Application 08/171,550
wherein R and R may be the same or different and represent optionally substituted hydrocarbon1 2
radicals, or R and R together with the â-carbon atom form a cycloaliphatic or heterocyclic ring.1 2
The appealed claims as represented by claim 13 are drawn to an aldimine based on the2
reaction product of diamino dicyclohexyl methane with an aldehyde corresponding to the formula
specified in the claim. Claim 15, dependent on claim 13, specifies that the aldehyde comprises
isobutyraldehyde. The claimed aldimines are used in the coating compositions of claims 1 through 12 of
record.
The reference relied on by the examiner is
Mormile et al. (Mormile) 5,214,086 May 25, 1993
The examiner has rejected appealed claims 13 through 15 under 35 U.S.C. § 102(e) as being
anticipated by Mormile. We affirm.
Rather than reiterate the respective positions advanced by the examiner and appellants, we
refer to the examiner’s answer and supplemental answer and to appellants’ principal and reply briefs for
a complete exposition thereof.
Opinion
The dispositive issue in this appeal is whether the disclosure in Mormile of the preparation of
Aldimine #1 from and bis-(2-methyl-4-aminocyclohexyl)-methane (col. 7) coupled with the disclosure3
of the use of isobutyraldehyde in the preparation of Aldimines #1, #2 (col. 7) and #3 (col. 8) and other
aldimines (col. 5, line 25), and the disclosure that bis-(2-methyl-4-aminocyclohexyl)-methane and bis-
(4-aminocyclohexyl)-methane, as well as three other alkyl substituted bis-(4-aminocyclohexyl)-
methanes (col. 4, lines 30-40 and 53-68, and col. 5, lines 2-8), are useful in the preparation of
2Appellants state in their principal brief (page 2) that separate argument is presented for claims 13 and
14 and for claim 15. Thus, we decide this appeal based on appealed claims 13 and 15. 37 CFR §
1.192(c)(7) (1995).
3The compounds represented by the term “diamino dicyclohexyl methane” in claim 13 are also named
bis-(aminocyclohexyl)-methane as in appellants’ specification as well as methylene biscyclohexanamine
as in Mormile. The compound bis-(2-methyl-4-aminocyclohexyl)-methane is the dimethyl isomer of
bis-(aminocyclohexyl)-methane, and is named 4,4½-methylenebis(2 methyl)cyclohexanamine in
Mormile (col. 7, lines 27).
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