Appeal No. 1997-3013
Application No. 08/383,328
1 through 4 and 9 through 12 as being unpatentable under 351
U.S.C. § 103 over:
(1) Noll et al., U.S. Patent 4,485,226 (1984),
(2) German Patent Application 3,819,627 (1989), or
(3) German Patent Application 4,021,109 (1992),
is reversed.
The claims on appeal, in particular independent claims 1
and 9, recite that component "A)" of the UV-curable coating
composition is prepared by using, as "A2)," "an polyisocyanate
component comprising an aliphatic polyisocyanate which
contains isocyanurate groups, is based on 1,6-
diisocyanatohexane and has an NCO content of 22 to 23.5 wt%
and a viscosity at 23EC of 800 to 1400 mPa·s" (emphasis
added). On page 7 of the appeal brief filed on November 25,
1996, the appellants argue that "[t]his low viscosity
polyisocyanate is not taught by any of the three applied
[prior art] references."
The examiner has not responded to this argument. Nor do
we find anything in the record to indicate that the examiner
1 Claims 13 through 16, the only other claims remaining in the
application, have been allowed (Paper 12, advisory action, item 3).
2
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