Appeal No. 1998-3322
Application No. 08/796,500
between the epoxy and acrylate polymers, but rather ONLY SOME
unspecified phase separation involving the epoxy polymer
component” (answer, pages 7-8; emphasis in original).
However, we do not perceive the appealed claims as being
limited in these respects. For example, neither of the
independent claims on appeal recites that all of the adhesive
components are responsible for the color change or that a
phase separation occurs between certain components. In our
view, none of the concerns expressed by the examiner in the
answer support his conclusion that the now claimed invention
includes “new matter” (answer, page 8). It follows that we
cannot sustain the examiner’s section 112, first paragraph,
rejection of the claims on appeal.
We also cannot sustain any of the examiner’s section 103
rejections. As correctly indicated by the appellants in their
brief and reply brief, the references applied in these
rejections, while evincing that it was known in the prior art
to use the here claimed ingredients such as pigments in
adhesive compositions of the type under consideration, contain
no teaching or suggestion of combining the appellants’ claimed
ingredients in such relative amounts that a detectable color
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