Appeal No. 1997-2330 Page 8 Application No. 08/398,315 The formation of the Example 5 emulsion begins with the production of a intermediate polyurethane resin dissolved in a hydrocarbon solvent. Example 1 discloses xylol as an ingredient. Claims 9 and 10 of Eckhoff indicate that the polyurethane is dissolved in a hydrocarbon solvent consisting of xylene and mineral spirits. Xylol is a mixture of xylenes. Eckhoff discloses using xylol in Example 1 to “reduce the non-volatile content [of the polyurethane intermediate] to 84%.” It is being used as a solvent. The polyurethane intermediate dissolved in solvent made by the process of Example 1 is converted into an alkyd-modified polyurethane as illustrated in Example 3. Further xylol solvent is added according to the Example 3. As the xylol is being used as a solvent and not as a reactant, we cannot conclude that it is converted during processing. The formulation of Example 5 contains xylol and Appellants indicate that xylol is an excluded water-insoluble coalescent. Example 7 is the only other example directed to a composition containing polyurethane dispersion and latex. As pointed out by Appellants at page 17 of the Brief, Eckhoff’s Example 7 composition contains 2,2,4-trimethylpentane-1,3-diol monoisobutyrate, a water-insoluble coalescent . 2 There is no suggestion in either Eckhoff or Adamson for excluding the water-insoluble coalescent. Therefore, we cannot conclude that the exclusion of water-insoluble coalescent would have been obvious to one of ordinary skill in the art at the time of invention. 2Note that Appellants specifically state in the Specification at page 6 that water-insoluble coalescents include, for example, 2,2,4-trimethylpentane-1,3-diol monoisobutyrate.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007