Ex parte FALAAS et al. - Page 3

                 Appeal No. 1996-2472                                                                                                                   
                 Application 08/075,297                                                                                                                 

                 Waugh and Ellison; and claims 1, 2, 4-10, 17 and 18 over                                                                               

                          We have carefully considered all of the arguments                                                                             
                 advanced by appellants and the examiner and agree with                                                                                 
                 appellants that the aforementioned rejections are not well                                                                             
                 founded.  Accordingly, we reverse these rejections.                                                                                    
                          Appellants’ claim 1, which is the sole independent claim,                                                                     
                 requires that the polyurethane is derived from an aqueous                                                                              
                 urethane dispersion and has glass transition and melting                                                                               
                 temperatures within recited ranges.  The examiner argues that                                                                          
                 one of ordinary skill in the art would have arrived at an                                                                              
                 aqueous urethane dispersion and the recited temperature ranges                                                                         
                 through routine optimization (answer, pages 7 and 9;                                                                                   
                 supplemental answer, pages 3 and 6).   This is mere              2                                                                     

                          2The examiner presents no evidence or reasoning which                                                                         
                 shows that an aliphatic polyurethane substrate made by a                                                                               
                 method other than one using an aqueous urethane dispersion                                                                             
                 would be the same or substantially the same as one made using                                                                          

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