Appeal No. 2001-1762
Application No. 09/226,903
having a particle size between 100 and 1,500 microns (e.g.,
pulverized used tires). While Magnani describes the use of
various metal naphthenates in the examples, the examiner has not
established on this record that these materials are curing
agents adapted to cure the epoxy-functional polymer. Sugimori
discloses a curable epoxy resin composition comprising an epoxy
resin and vulcanized rubber particles having particle sizes of
0.5 to 30 microns, which are obtained by vulcanizing a
dispersion of fine particles of liquid rubber incompatible with
the epoxy resin in the epoxy resin with a vulcanizing agent
without any grinding. Like Magnani, Sugimori does not teach the
use of component (b) as recited in appealed claim 1.
Our reviewing court has instructed that both the suggestion
and reasonable expectation of success must be founded in the
prior art, not in applicants’ disclosure. In re Vaeck, 947 F.2d
488, 493, 20 USPQ2d 1438, 1442 (Fed. Cir. 1991) (citing In re
Dow Chemical Co., 837 F.2d 469, 473, 5 USPQ2d 1529, 1531 (Fed.
Cir. 1988)). Here, we find nothing in the collective teachings
of the prior art that would have led one of ordinary skill in
the art to combine the references in the manner as proposed by
the examiner. Nor do we find anything in the prior art to
indicate that one of ordinary skill in the art would have
carried out the proposed modification of Schappert with a
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