Ex parte SQUILLER et al. - Page 5




          Appeal No. 1997-0140                                                        
          Application No. 08/266,290                                                  


          a one-component polyurethane composition that is useful as a                
          sealant, does not teach the inclusion of appellants' claimed                
          component b), i.e., polyketimines, polyenamines and                         
          oxazolidines.  While Akiyama discloses a polyurethane coating               
          composition comprising appellants' component b) as a curative,              
          we concur with appellants that the compositions of Markusch                 
          and Akiyama are not sufficiently similar to support the                     
          conclusion that it would have been prima facie obvious for one              
          of ordinary skill in the art to incorporate the curatives of                
          Akiyama in the polyurethane composition of Markusch.  For one,              
          the examiner has not pointed to any teaching in Markusch that               
          any curative, in general, is an optional component of the                   
          composition.  Markusch relies upon the specific reaction of a               
          liquid blocked polyisocyanate with a solid polyamine internal               
          salt.  Akiyama, on the other hand, does not disclose a                      
          polyurethane composition comprising a solid polyamine internal              
          salt but, rather, teaches the specific reaction of a                        
          particular blocked urethane prepolymer derived from TMXDI and               
          the curatives, such as ketimines.  In our view, impermissible               
          hindsight is required to modify the polyurethane composition                
          of Markusch by including the curative of Akiyama.  While the                
          examiner explains that the requisite motivation stems from                  



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