Ex Parte SIMMONS et al - Page 4



          Appeal No. 2002-0173                                                        
          Serial No. 09/273,040                                                       
          monomeric polymerizable ethylenic cross-linking agent therefor, a           
          polymerization inhibitor and a promoter for a peroxide catalyst,            
          (b) a second component containing a peroxide catalyst, and (c) a            
          particulate solid filler.  (See column 2, lines 53 through 68).             
          The examiner has not explained the addition of the accelerator              
          (reducing sugars) of Ceska would function in the system of                  
          Bivens.  On the one hand, the accelerator disclosed in Ceska                
          operates to copolymerize a macromonomer and comonomer.  Given               
          this teaching, the examiner has not explained how this teaching             
          applies to Bivens.  Bivens in fact, discloses a first component             
          (a) which contains a resin formulation comprised of an                      
          unsaturated polymerizable polyester resin mixed with a monomeric            
          polymerizable ethylenic cross-linking agent therefore, a promoter           
          for a peroxide catalyst, and a polymerization inhibitor or                  
          stabilizer to give that composition the required shelf life.  See           
          column 4, lines 3 through 8.  Hence, Bivens in fact, teaches away           
          from promoting polymerization in view of the fact that a                    
          polymerization inhibitor is utilized to provide the required                
          shelf life.  The examiner has not explained then why an                     
          accelerator would make sense to add to the system in Bivens.                
               With regard to Talbot, Talbot is directed to a resin                   
          composition comprising (a)an unsaturated resin composition, (b) a           
          major portion of a calcium carbonate, (c) an effective carbon               
          dioxide generating amount of relatively weak acid, and (d) a                
          small effective amount of water.  See column 2, lines 8 through             
          15.  Talbot discloses that component (a) the liquid curable resin           
          is readily made and available commercially.  Talbot states that             
          the unsaturated resins are commonly used and they are prepared by           


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