Appeal No. 2000-0343
Application 08/849,008
modifying lignocellulosic material with phthalic anhydride and
a thermosetting resin, and that the Gaylord ‘230 exemplified
compatibilization temperature is above 100ºC, preferably 140-
160ºC (col. 4, lines 5-7), one of ordinary skill in the art
would have been led by the references themselves to use Earl’s
nonaqueous solvent in the Gaylord ‘230 method.
For the above reasons we conclude that the examiner has
not carried the burden of establishing a prima facie case of
obviousness of the invention recited the appellant’s claim 1.
Accordingly, we reverse the rejection of this claim and
claims 2-20 which depend therefrom.
Claim 23
Himmelheber discloses “[a] stratified wood panel
including at least one covering layer of bonded wood fibers,
oriented substantially parallel to the panel plane, secured to
a core of bonded wood chips oriented substantially
perpendicular to the panel plane” (col. 1, lines 14-18).
The examiner argues that “it would have been obvious to
one of ordinary skill in this art to employ the particles of
Gaylord (‘230) (as modified by the remaining secondary
13
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