Appeal No. 2002-2063
Application No. 09/635,093
The appellants also again state that Furness does not teach
phenolic resins exhibiting free phenolic and free alcoholic OH
groups. (Appeal Brief, page 10, lines 6-8). We disagree. As
discussed above, Furness states in his resinous component
structural formula in column 1 that alcoholic OH groups may be
present, and in column 4 (although greatly reduced in a preferred
embodiment), phenolic OH groups may be present. In Furness’ less
preferred embodiments, it is clear that more reactive OH groups
may be present. While we agree with the appellants that the
preference of Furness is to remove as many of the reactive groups
as possible such that the phenolic composition can be the
principal reactor in the two-component reaction, on balance we
find that Furness discloses that those reactive groups may
nonetheless be present.
We also note that claim 12 requires that the resin is
“exhibiting” free phenolic and free alcoholic OH groups. The term
“exhibiting” is undefined in the specification. The common
definition of “exhibiting” is “to show or display outwardly” or
“to have as a readily discernable quality or feature”.4 No lower
limit is set thereby. We find that, on balance on the facts of
this case, Furness teaches the presence of alcoholic and phenolic
OH groups, albeit preferably in a small percentage. Furness
4 Webster’s New Collegiate Dictionary, page 401, copy attached.
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