Appeal No. 1999-1370
Application No. 08/513,350
Claims 9 and 11-13 stand rejected under 35 U.S.C. § 103
as being unpatentable over “appellants[’] own admission in the
Declaration of Robert L. Donnelly filed December 29, 1997
(Paper No. 10)” (answer, page 3). On page 3 of the answer,
the examiner expresses his position in the following manner:
Appellants admit that use of polyurethane
adhesive in wood products laminating industry is
well known. Appellants also admit that the
polyurethane adhesive is old and known. Appellants
also admit that the moisture penetration
characteristics of such polyurethane adhesives is
that, if applied at any thickness within well known
range of thickness are sufficient to prevent
moisture penetration in excess of five grams per
square meter per hour.
Appellants do not admit use of plywood panels in
architectural construction having external surface
and interior surface.
However use of plywood panels as an
architectural product is well known and old.
Therefore it would have been obvious to use known
polyurethane adhesive in producing plywood panels
having aesthetic appearance.
This rejection cannot be sustained.
As argued by the appellants on this appeal and as
supported by the express language of the declaration, the
declaration statements concerning the moisture characteristics
of polyurethane adhesives are derived from the declarant’s own
knowledge rather than knowledge in the prior art. Under these
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