Appeal No. 2000-0487 Page 6
Application No. 08/913,380
is anticipated by and/or rendered prima facie obvious by the
reaction product of Georgoudis.
Against this background, appellants’ general contentions set
forth in the reply brief (pages 2 and 3) that Georgoudis is
silent regarding the claimed composition requirements of a
specified quantity of ethylene glycol groups and particular
equivalent ratios hardly qualifies as a specific refutation of
the examiner’s particular factual determinations as to the
equivalent ratios of reactants set forth in composition B of
Example 3 of Georgoudis. In the absence of specific and
convincing countervailing argument by appellants4, we shall
accept the examiner’s particularized factual determinations set
forth in the answer that make clear that Georgoudis discloses a
polyurethane made from reactants and amounts thereof that
correspond to the herein claimed reactant components and relative
amounts thereof. See In re Fox, 471 F.2d 1405, 1407, 176 USPQ
340, 341 (CCPA 1973); In re Boon, 439 F.2d 724, 727-28, 169 USPQ
4 Appellants also argue that Georgoudis adds a crosslinking
agent to the polyurethane. However, representative claim 11 is
drawn to the polyurethane, not any subsequent use thereof that
may exclude the subsequent crosslinking reaction taught by
Georgoudis (column 3, lines 26-53). Therefore, that line of
argument is unpersuasive.
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