Ex parte GUPTA et al. - Page 5


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

                     alleged teachings in Macholdt “that melamine resins are suitable curing agents for the epoxy resins                                                               
                     reported in [Kajiura] or the hydroxyl-functional resins of [Iwasawa] and                                                                                          
                     [Wooten],” in contending that one of ordinary skill in this art would have found it “obvious to employ                                                            
                     the tris-pyrrolidonyl triazine hardener of [Kajiura] as the curing agent for the hydroxyl-functional resins                                                       
                     of [Macholdt], [Iwasawa] and [Wooten] in order to attain superior heat resistance over melamine                                                                   
                     resins” (answer, page 6).  Appellants submit that there is no suggestion in the combined teachings of the                                                         
                     applied references to “replace the melamine crosslinkers” of Macholdt, Iwasawa and Wooten with tris-                                                              
                     pyrrolidonyl triazine disclosed in Kajiura (brief, pages 10-11).  In view of the evidence in the Macholdt,                                                        
                     Iwasawa and Wooten, we find ourselves in agreement with appellants.                                                                                               
                                Appellants acknowledge that the “six primary references disclose . . . the known fact that                                                             
                     hydroxyfunctional acrylic and polyester powder coating resins can be crosslinked with melamine resins”                                                            
                     (brief, page 9).   Indeed, we find that Iwasawa discloses that thermosetting powder coating8                                                                                                                                            
                     compositions “containing an acrylic resin and a melamine derivative, namely ‘melamine-acrylic resin,’”                                                            
                     wherein the “melamine derivative” is “hexakisloweralkoxymethyl-melamine obtained by etherifying                                                                   
                     hexakismethylolated melamine with lower alcohol,” were known and teaches powder coating                                                                           
                     compositions comprising acrylic resins and “hexamethylolmelamine” derivatives which are particular                                                                
                     etherified products (e.g., col. 1, lines 8-14, and col. 2, lines 17-39).  We find that Wooten discloses                                                           
                     that alkoxymelamine and hexamethoxymethyl melamines are among the melamines that are useful for                                                                   
                     thermosetting resins containing functional hydroxyl groups such as polyester resins in thermosetting                                                              
                     powder coating compositions (e.g., col. 1, lines 14-16, and col. 2, lines 53-65).  We find, as did                                                                
                     appellants (brief, page 10), that “melamine resin” is disclosed in Macholdt as a “curing component for                                                            
                     hydroxyl-containing polyester resins” in powder coating compositions and not, as alleged by the                                                                   
                     examiner (answer, pages 4 and 6), for epoxy resins (col. 1, lines 55-66).                                                                                         
                                Based on this evidence, we find that the combined teachings of Iwasawa, Wooten and                                                                     
                     Macholdt would have suggested to one of ordinary skill in this art that, in addition to melamine resins,                                                          


                     8The ground of rejection as stated in the final rejection (Paper No. 9) included Labana et al.,                                                                   
                     Passmore et al. and Kanda et al. which the examiner withdrew in the answer (page 4).                                                                              
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