Appeal NO. 1996-3683
Application 08/207,393
carboxyl groups", the only binders from the list of "suitable
binders" at pages 14 and 15 of the specification which include
"free carboxyl groups" are "acrylic" (assuming this means
acrylic acid) and ethylene acrylic acid (EAA). However,
whether this interpretation is sound is questionable in light
of the examiner's unchallenged argument that urethanes,
described by appellants as suitable thermoplastic binders on
page 15 of their specification, include "free carboxyl groups"
(see page 7 of the Supplemental Answer). A urethane is an
ester-amide (NH COOR) and, as we understand the term, does not
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include any "free" carboxylic acid moieties. Thus, further
uncertainty as to exactly what appellants' claims embrace or
exclude is raised by appellants' failure to respond to the
examiner's argument.
Appellants' only specifically exemplified binders in the
examples are proprietary products bearing the names PRIMACOR
and, generally, SYNTHEMUL. While appellants have not favored
the record with the product information sheets from the
manufacturers of said proprietary products, at least PRIMACOR
4990 is described as an "ethylene acrylic acid copolymer
solution" having a 20 percent solids content although neither
the molecular weight nor the nature of the EAA adduct is set
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