Ex parte GUPTA et al. - Page 4


                     Appeal No. 1996-0191                                                                                                                                              
                     Application 08/001,697                                                                                                                                            

                     moiety to form a “thermosetting resin with excellent heat resistance” as well as function via the ring                                                            
                     opening reaction as a “hardener” or curing agent “for all-purpose resins such as epoxy resins and                                                                 
                     phenolic resins” (pages 7-8).   We cannot agree with the examiner that this disclosure of Kajiura when7                                                                                                                        
                     coupled with the disclosure at page 3 with respect to “melamine” would have reasonably suggested to                                                               
                     one of ordinary skill in this art that resins hardened with melamine per se would “exhibit superior heat                                                          
                     resistance” over resins hardened with melamine resins (answer, pages 6 and 8; see also brief, page                                                                
                     11).                                                                                                                                                              
                                We also cannot agree with appellants that Akkapeddi would not have reasonably suggested to                                                             
                     one of ordinary skill in this art that tris-pyrrolidonyl triazine has crosslinking capability and that only “a                                                    
                     linear block copolymer” would be obtained (brief, page 10).  Indeed, Akkapeddi discloses that the                                                                 
                     preparation of polyether prepolymers with “2-dimethyl-amino-4,6-bis(á-pyrrolidonyl)-1,3,5-triazine                                                                
                     (BpT)” results in “end capped product with statistical distribution of chain extended by-products”                                                                
                     (pages 314 and 315).  We find that one of ordinary skill in this art would have reasonably inferred from                                                          
                     this disclosure that chain extension would occur even where the prepolymers are end-capped, and                                                                   
                     further that where “2,4,6-tris-                  (á-pyrrolidonyl)-1,3,5-triazine (TpT)” is employed, at least                                                     
                     some of the chain extension product would reasonable involve all three pyrrolidonyl moieties, thus                                                                
                     resulting in a branched prepolymer which is reactive with caprolactam in a ring opening reaction (pages                                                           
                     315 and 318-319).                                                                                                                                                 
                                Accordingly, we find that the combined teachings of Kajiura and Akkapeddi would have                                                                   
                     reasonably suggested to one of ordinary skill in this art that tris-pyrrolidonyl triazine can be used as a                                                        
                     cross linking or hardening agent for epoxy and phenolic resins as well as in reactions with ether and                                                             
                     amido containing prepolymers and compounds.  The examiner relies on these teaching along with the                                                                 

                     7In evaluating the teachings of the applied references, we must, of course, consider the specific                                                                 
                     teachings thereof and the inferences one of ordinary skill in this art would have reasonably been                                                                 
                     expected to draw therefrom.  In re Fritch, 972 F.2d 1260, 1264-65, 23 USPQ2d 1780, 1782-83                                                                        
                     (Fed. Cir. 1992); In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).  In                                                                              
                     evaluating the relevance of the various teachings of these references, we must presume skill on the part                                                          
                     of those of ordinary skill in this art.  See In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed.                                                             
                     Cir. 1985).                                                                                                                                                       
                                                                                        - 4 -                                                                                          




Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007