Ex parte GRUETZMACHER et al. - Page 3




          Appeal No. 2000-2123                                                        
          Application No. 09/029,637                                                  


               10.   A process for producing coating compositions                     
               comprising: (a) providing a reactive diluent, (b)                      
               providing an inert solvent, (c) providing a polymeric                  
               polyol, (d) providing an isocyanate, (e) reacting (a)-(d)              
               in a reactive diluent comprising a ring opening product                
               of a carboxylic acid ester epoxide with a dihydric or                  
               higher alcohol.                                                        
               18.   Coating compositions comprising:                                 
                    a ring opening product of combining carboxylic acid               
               ester epoxide with dihydric or higher alcohol as a                     
               reactive diluent;                                                      
                    polymeric polyol;                                                 
                    inert solvent; and                                                
                    isocyanate.                                                       
               The sole prior art reference relied upon by the examiner               
          is:                                                                         
          Noury et al. (Noury)          1,100,404                Jan. 24,             
                                        1968                                          
          (published Great Britain Patent Application)                                
               The appealed claims stand rejected as follows:                         
               1)  Claims 10 through 33 stand rejected under 35 U.S.C.                
          § 103 as unpatentable over the disclosure of Noury.                         
               We reverse.                                                            
               The examiner’s § 103 rejection is predicated upon                      
          obviousness of using solvent in the solvent-free system                     
          described in Noury.  To establish obviousness, the examiner                 

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