Appeal No. 1997-3609
Application No. 08/483,349
the prior art. This discussion reveals that the prior art
included adhesive compositions of the general type under
consideration which do not contain the amines of Dormish
(e.g., see lines 9 through 16 in column 2 of the patent). The
fact that such amine-free adhesive compositions were known in
the prior art would have further motivated the artisan to
eliminate patentee's amines based upon a reasonable
expectation of success. In re O'Farrell, 853 F.2d 894, 903-
04, 7 USPQ2d 1673, 1680-81 (Fed. Cir. 1988).
In light of the foregoing, I would sustain the examiner's
Section 103 rejection of the appealed claims as being
unpatentable over Dormish in view of Mafoti and Yilgör.
)
) BOARD OF PATENT
) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
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