Ex parte MARKUSCH et al. - Page 5




          Appeal No. 1997-3609                                                        
          Application No. 08/483,349                                                  


          lines 33-37.  Nevertheless, the examiner maintains (Answer, p.              
          4):                                                                         
                    It would have been obvious to one of ordinary                     
               skill in the art [at] the time the invention was                       
               made to omit the low molecular weight amine compound                   
               and filler of Dormish because Dormish teaches using                    
               these materials to produce resistance of flow and to                   
               prevent sag.  In the event that the adhesive is used                   
               on a horizontal surface, these components aren't                       
               needed.                                                                
               Appellants urge (Brief, p. 4):                                         
               [O]ne or [sic, of] ordinary skill in the art would                     
               not alter the polyurethane composition of the                          
               Dormish et al reference in the necessary manner to                     
               "arrive at" the presently claimed invention.  This                     
               reference clearly leads one skilled in the art to                      
               conclude that these diamines and/or triamines are                      
               essential to the invention therein.  Without these,                    
               the formulations therein would not exhibit "adequate                   
               resistance to flow" as described at column 3, lines                    
               33-37 and column 8, lines 30-35.                                       
               Specifically, Dormish discloses (col. 2, lines 44-68):                 
                    It has now surprisingly been found that a two-                    
               component adhesive having advantageous properties                      
               can be prepared using a low viscosity polyisocyanate                   
               component and a low viscosity curative component                       
               containing a blend of a relatively high equivalent                     
               weight component, a relatively low equivalent weight                   
               diol-containing chain extender or crosslinker, and                     
               an amine.  In addition, at least one of the two                        
               components must contain a filler, preferably talc.                     
               Although both components according to the invention                    
               are characterized by low viscosities of less than                      
               about 15,000 mPa.s, the mixed adhesive exhibits                        
               excellent resistance to flow, or "sag."  In                            
                                          5                                           





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