Appeal No. 1998-2646
Application No. 08/685,365
of the prior art to produce the claimed invention, absent some
teaching, suggestion or incentive supporting the combination.
ACS Hospital Systems, Inc. v. Montefiore Hospital, 732 F.2d
1572, 1577, 221 USPQ 929, 933 (Fed. Cir. 1984). In the case
before us on this appeal, as also correctly indicated by the
Appellants in their brief, the applied prior art contains no
teaching, suggestion or incentive for combining the applied
reference teachings in the manner proposed by the Examiner.
More specifically, nothing in the applied references
supports the Examiner's proposal to modify the insertion
produced polyetherester resin of Yang by adding thereto an
epoxy-terminated reactive liquid polymer of a type used in the
EPA reference for toughening unsaturated polyetherester resins
and
then substituting this modified polyetherester resin for the
polyetherester resin of Stahl's composition or for the
unsaturated polyester of Craigie's composition in order to
thereby obtain a composition readable on appealed claim 1.
Contrary to the Examiner's apparent belief, the toughness
characteristic described in the EPA reference would not have
motivated an artisan to combine the various reference
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