Appeal No. 1996-0438
Application No. 08/090,343
5,227,243, which is a continuation of U.S. Serial No.
07/120,887, filed November 16, 1987, now abandoned. An appeal
was taken to
this board in the grandparent application, and in a decision
dated January 22, 1991 (Appeal No. 90-2577) a merits panel of
the board affirmed the examiner's rejection under 35 U.S.C. §
103 over an Australian patent that is essentially the same in
its disclosure as the European patent to Horley presently
applied by the examiner. While the appealed claims in the
grandparent application defined compositions comprising both
polyepoxides and monoepoxides, the claims of the present
invention recite only a monoepoxide component.
Appellants submit at page 3 of the principal brief that
"claims 26-29 and 34-37 should stand or fall together."
Accord-ingly, all the appealed claims stand or fall together
with claim 26.
Appealed claims 26-29 and 34-37 stand rejected under 35
U.S.C. § 103 as being unpatentable over Horley in view of
Heilman.
We have thoroughly reviewed each of appellants' arguments
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