Appeal No. 1998-1754
Application 08/555,918
The examiner states that it would have been obvious to one of ordinary skill in the art
to have incorporated the known gelling agent of Dales (boric acid) into the gellable
composition of Henry. The examiner states that column 1, lines 41-42 and column 5, lines
1-2 and 20-22 of Dales are in apparent agreement with appellants' disclosure at page 4,
lines 24-27. (Answer, page 5).
We find that page 4, lines 24-27 of appellants’ specification discloses that the
addition of boric acid improves the initial adhesion force of a sprayable dispersion, even
after a longer ventilation time. It appears the examiner equates this disclosure with Dales'
disclosure of “in a short time the mass sets to a gel”, and ”gelling agent”, and “gelation”,
found in Dales at column 1, lines 41-42 and at column 5, lines 1-2 and 20-22.
We do not agree with the examiner that such disclosures are in agreement with
each other. Dales concerns gelation of an aqueous dispersion, whereas appellants’
invention concerns the initial adhesion of a dispersion adhesive. The initial adhesion of the
dispersion adhesive is described in appellants’ specification, on page 8, line 10 through
page 10, line 20. Dales does not disclose or teach such initial adhesion of a dispersion
adhesive as defined by appellants’ specification.
The examiner also states that Dales discloses that the boric acid agent is quick
acting and refers to column 1, lines 41-42 of Dales, and that such is sufficient suggestion to
combine with Henry. (Answer, pages 6-7). Again, we cannot find how such disclosure in
Dales adequately arrives at appellants’ claimed invention, in light of appellants’
specification on page 8, line 10 through page 10, line 20.
3
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007