Appeal No. 1997-4434
Application No. 08/189,053
lines 47 to 60, of Columbus , which is reproduced below for1
convenience:
Another preferred though not essential ingredient in
the composition is a tackifying resin. The
tackifying resin is present at a level of from .5 to
5 parts. The preferred tackifying resin is a
polyhydric alcohol ester of rosin. Polyhydric
alcohols which can be used in the esterification
include: trimethylene glycol, tetramethylene glycol,
etc.; monoethylene glycol, diethylene glycol,
triethylene glycol, tetramethylene glycol
hexaethylene glycol, etc.; monopropylene glycol,
dipropylene glycol, tripropylene glycol, etc.;
butylene glycol, dibutylene glycol, tributylene
glycol etc. The glycerides and polyethylene glycols
are preferred as providing maximum combined
softening and adhesive properties.
The examiner recognizes that Columbus does not employ its
esterified resin as a surfactant, nor does it disclose the
molecular weight of polyethylene glycol used to form an
esterified resin. See Answer, page 3. The examiner, however,
asserts (Answer, pages 3 and 4) that:
The Examiner maintains however that it would be
reasonable to presume that the compound as disclosed
in the prior art has a molecular weight of from
about 1500 to about 2000 given the fact that the
polyethylene glycols are preferred in that the lower
limit of "from about 1500" is not unreasonably high
so as to render it uncommon. Thus, given the
generic disclosure of polyethylene glycols, then it
would be reasonable to presume that resins having a
1See Answer, page 3.
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