Appeal No. 1997-1863 Page 3
Application No. 08/408,087
Claims 1-6, 10-15 and 17-24 stand rejected under 35
U.S.C.
§ 102 as anticipated by or, in the alternative, under 35
U.S.C.
§ 103 as being unpatentable over Pedain.
OPINION
We refer to appellant's briefs and to the answer for the
opposing viewpoints expressed by appellant and the examiner
concerning the above noted rejections. For the reasons which
follow, we cannot sustain either of the examiner's stated §
102 and § 103 rejections.
The examiner's rejection of the appealed claims under
§ 102 as anticipated by Pedain is premised, at least in part,
on the theory that the prepolymers of Pedain would inherently
correspond to the prepolymers that are part of the claimed
adhesive not withstanding that Pedain does not specifically
disclose the use of polyester polyols of a specified number
average molecular weight having a crystallization of at least
30% as one of the required reactants used in making the
prepolymer as recited in appellant's claims (see answer, e.g.,
pages 4, 7 and 8).
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