Appeal No. 2001-0857 Page 6
Application No. 09/012,166
also improves bonding to metals, for example, when the
sealant-primer system is used as a metal-to-metal adhesive.
See column 4, line 75 through column 5, line 2.
The bond between the polyurethane sealant and glass or
metal is improved by the use of a primer having an affinity
both to glass or metal and for the polyurethane polymer.
Materials of this type include a gamma-mercapto propyl
trimethoxy silane. See column 5, lines 12 through 35. The
examiner relies upon this disclosure of De Santis, and
concludes that it would have been obvious to include gamma-
mercapto propyl trimethoxy silane in the composition of
Liebl because De Santis teaches that this is a way of
improving adhesion of polyisocyanate coatings to a
substrate.
However, we find this logic and combination of
references are not well founded. That is, we are unable to
accept that one of ordinary skill in the art, when working
in the art concerning coatings in connection with
preparation of elastic floor coverings, as in Liebl, would
look to De Santis for a teaching to improve bonding between
a polyurethane and glass or metal. The examiner has not
shown where, in Liebl, that it is desireable to improve a
bond between a polyurethane and glass or metal.
Hence, we determine that the examiner has fallen victim
to hindsight in making the prior art rejection in view of
the disparate teachings of Liebl and De Santis.
Therefore, we reverse the 35 U.S.C. § 103 rejection of
claims 1 through 17 as being unpatentable over Liebl in view
of De Santis.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
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