Appeal No. 1997-2072
Application No. 08/261,544
would not have led one of ordinary skill in the art to employ
the hindered amines described in Primeaux, Smith ‘634 and
Smith ‘260 in the reaction mixtures of the type described in
Rains or Nodelman to arrive at the claimed reaction mixture
useful for a conventional structure reaction injection molding
process. In re Dow Chemical Co., 837 F.2d 469, 473, 5 USPQ2d
1529, 1531-32 (Fed. Cir. 1988); see also Ex parte Hartmann,
186 USPQ 366, 367 (Bd. App. 1974)(the prior art references
cannot properly be combined if effect would destroy the
invention on which one of the prior art references is based).
This is particularly true in the present situation since
Kia, Primeaux, Smith ‘634 and Smith ‘260 individually, or in
combination, do not teach, nor would have suggested, that
chain extenders, such as hinder amines, would not adversely
affect the thermal properties of the resultant molded
articles. Moreover, they do not teach or suggest that the
hindered amines would be capable of improving the very high
flexural modulus value provided by Rains’ or Nodelman’s
reaction mixture. In this regard, we note that the prior art
reaction mixtures containing hindered amines referred to by
the examiner produce molded articles having significantly
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