Appeal No. 2002-0173
Serial No. 09/273,040
esterfication of a mixture of ingredients including a polyhydric
alcohol and a an unsaturated polycarboxylic acid wherein the
polycarboxylic acid is reacted into the unsaturated polyester
resin almost completely, resulting in a product with a low acid
number. This mixture is combined and desired with crosslinking
monomers typified by vinyl monomers, such as styrene and vinyl
toluene, along with flow modifiers, thixotropic agents, flame
retardant materials, plasticizers, initiators or curing agents,
usually of the peroxide type, and various fillers. The examiner
has not explained why the catalyst in Ceska would be added to the
resin system in Talbot in view of his functions according to
Bivens. The examiner has not explained why one of ordinary skill
in the art, knowing that a reducing sugar can be used as an
accelerator in combination with a primary catalyst for the
copolymerization of macromonomers and comonomers as described in
column 7 at lines 36 through 57.
It therefore appears to us that the examiner has fallen into
the insidious use of impermissible hindsight in combining these
desperate teachings in an unsuccessful attempt to arrive at
appellants' presently claimed invention. See In re W. L. Gore &
Assoc. v. Garlock, Inc., 721 F.2d 1540, 1553, 220 USPQ 303, 312-
13 (Fed. Cir. 1983) cert. denied, 469 U.S. 851 (1984).
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