Appeal No. 2000-1180
Application 09/000,028
weight based on the total weight of (a), (b) and (c), the
composition being solid at 20°C but permitting insertion and
rotation of a reinforcing element to cause mixing of the
composition with a crosslinking catalyst to cold cure to form a
hard mass.
The references relied upon by the examiner as evidence of
unpatentability are:
Schmank 3,962,162 June 8, 1976
Kennedy-Skipton et al.
(Skipton) 4,251,430 Feb. 17, 1981
Simmons et al. (Simmons) 4,616,050 Oct. 7, 1986
Van Gasse et al. (Van Gasse) 5,212,234 May 18, 1993
Claims 1-21 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Schmank, Skipton, Simmons or Van Gasse.
Claims 1-22 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Schmank, Skipton, Simmons, or Van Gasse.
OPINION
For the reasons set forth in the brief, reply brief, and
below, we reverse each of the above-noted rejections.
We note that the initial burden of presenting a prima facie
case of unpatentability on any ground rests with the examiner.
In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed.
Cir. 1992).
The examiner’s position is that while the references of
Schmank, Skipton, Simmons, or Van Gasse do not explicitly
disclose that the compositions are solid compositions, because
these references each disclose a composition comprising a
2
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