Appeal 1997-2575
Application 08/524,661
keeping the Example 3 composition in liquid form until use is
to increase the oxime ratio.
Applicant has a different reading of Beers. Applicant's
assessment of Beers is that it tells one skilled in the art
how much filler to use and the water content of the filler
when certain amounts of filler are used. Should a problem
develop with gelation, then Beers tells one skilled in the art
how to adjust the oxime ratio to avoid the problem. But,
applicant's view of Beers is that any gelation problem
discussed by Beers is a gelation problem that may occur within
the percentage of filler used and the water content of the
filler which can be used based on that percentage.
Applicant and the examiner have plausible theories for
their respective cases. On balance, however, we are more
inclined on this record to agree generally with applicant's
assessment of what Beers teaches. Beers teaches the amount of
calcium carbonate filler which can be used. When higher
amounts of filler are used, the water content must be low,
i.e., below 0.2% preferably below 0.1%. On the other hand,
when lower amounts of filler are used, the filler may have a
higher water content, i.e., up to 0.4%. Beers does not
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Last modified: November 3, 2007