Appeal No. 2002-1791
Application No. 08/588,945
Applying the above test, we have already determined that the
combined disclosures of Hoeschele and either Taylor or Mallon
would have suggested the claimed aromatic polycarbodiimides.2
2 The polycarbodiimide preferred in Hoeschele is the
urethane-terminated aromatic polycarbodiimides described in U.S.
Patent 2,941,983 issued to Smeltz on June 21, 1960, which is also
attached to this decision. See, e.g., Ultradent Prods., Inc., v.
Life-Like Cosmetics, Inc., 127 F.3d 1065, 1069, 44 USPQ2d 1336,
1339-40 (Fed. cir. 1997). As indicated in the earlier decision
on Appeal No. 1999-1007 (Application 08/708,998) entered March
31, 2000 (attache herewith), these preferred aromatic
polycarbodiimides are identical to the claimed aromatic
polycarbodiimides except for the absence of the claimed
hydrophilic polyether linkages (methoxy capped poly(ethylene
oxide)). See also Smeltz, column 1, lines 56-67, column 5, lines
11-17 and column 6, lines 25-30. Although Hoeschele employs
conventional surface active agents or dispersing agents to
improve the dispersibility of its preferred aromatic
polycarbodiimides, the examiner took official notice at page 4 of
the Answer that “the termination of carbodiimides with
hydrophilic polyether chains was [also] known at the time of
[the] invention as a means for rendering carbodiimide
crosslinking agents water dispersible.” We find that Taylor and
Mellon also teach using methoxy-capped(ethylene oxide) to
advantageously improve the hydrophilicity (dispersibility or
dissolving characteristic) of carbodiimides in general. See
Taylor, page 4, lines 12-15 and Mellon, page 5, line 55 to page
6, line 11. These resulting carbodiimides can be used together
with other surfactants known in the art and can be made from
aromatic/aliphatic isocyanates. See Taylor, page 2, line 31 and
page 6, lines 26-27 and Mellon, page 2, line 34 and page 6, lines
11-12.
Given the desire to improve the dispersibility of the
aromatic polycarbodiimides described in Hoeschele and given the
recognized improved effect on dispersibility by terminating
polycarbodiimides in general with hydrophilic polyether linkages,
one of ordinary skill in the art would have been led to terminate
the aromatic polycarbodiimides described in Hoeschele with the
hydrophilic polyether linkages of the type described in Taylor or
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