Ex Parte Torbus et al - Page 7




         Appeal No. 2002-2063                                                       
         Application No. 09/635,093                                                 
              Addressing Claim 12 more specifically, it requires the two-           
         component binder system to consist essentially of: (a) a phenolic          
         resin component which consists essentially of (i) a phenolic resin         
         exhibiting free phenolic and free alcoholic OH groups, and (ii) a          
         solvent for the phenolic resin; and (b) a polyisocyanate component         
         consisting essentially of (i) a polyisocyanate capable of reacting         
         with the phenolic resin component to form a resin, and (ii) a              
         solvent which comprises a fatty acid methyl ester which is a               
         methyl monoester of one or more fatty acids with a carbon chain of         
         12 or more carbon atoms.1                                                  
         The Furness Reference                                                      
              Our review of Furness reveals that it discloses a phenolic            
         resin component.  Giving the claim terms their plain meaning, a            
         phenolic resin is a synthetic thermosetting resin obtained by the          
         condensation of phenol or substituted phenol with aldehydes.2  In          
         the instant specification, page 6, example 1, a phenolic resin             
         precondensate is prepared by reacting phenol with                          
         paraformaldehyde.                                                          
              We find that Furness suggests a phenolic condensation between         
         a phenol and an aldehyde including paraformaldehyde (column 2,             
         lines 44-47; column 3, line 65 - column 4, line 1), followed by a          
                                                                                   
         1 Claim 12 also recites that there is more fatty acid methyl ester than high  boiling aromatic
         hydrocarbon.  However, we note that no high-boiling aromatic hydrocarbon is required by the claim.

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