Appeal No. 1998-3113
Application No. 08/583,167
Nodelman et al. (Nodelman) 4,859,791 Aug. 22,
1989
Wamprecht et al. (Wamprecht) 2,138,310 Jun. 21,
1995
(Canadian patent application)
THE REJECTION
Claims 1-3 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Wamprecht in view of Nodelman.
OPINION
We affirm the aforementioned rejection. Because our
rationale differs significantly from that of the examiner, we
denominate the affirmance as involving a new ground of
rejection under 37 CFR § 1.196(b).
The appellants state that the claims stand or fall
together (brief, page 2). We therefore limit our discussion
to one claim, i.e., claim 1, which is the sole independent
claim. See In re Ochiai, 71 F.3d 1565, 1566 n.2, 37 USPQ2d
1127, 1129 n.2 (Fed. Cir. 1995); 37 CFR § 1.192(c)(7)(1995).
Nodelman discloses a polyester polyol which has a
hydroxyl number of about 200 to 350 and is the esterification
product of 1) an alcohol component which has a functionality
of at least 3 and which can have a number of carbon atoms
3
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