Ex Parte St. Clair et al - Page 3




          Appeal No. 2003-1795                                                        
          Application No. 09/821,702                                                  


                                      REJECTION                                       
               Claims 1 through 15 stand rejected under 35 U.S.C. § 103 as            
          unpatentable over Erickson, Masse and Coolbaugh in view of                  
          Handlin and Richards.                                                       
               We affirm.                                                             
               This is appellants’ third appeal of the subject matter                 
          involving a “crosslinkable” composition.  The previously appealed           
          subject matter is identical to the subject matter of present                
          claim 1, except for a minor semantic difference, i.e., the phrase           
          “a diene monomer which yields substituted aliphatic double bonds            
          that are epoxidized” is used in lieu of “a diene monomer which              
          yields unsaturation suitable for expoxidation” in the previously            
          appealed claim 1.  Compare present claim 1 with claim 1 in our              
          previous decisions involving Appeal Nos. 1997-2238 and 1997-                
          4371.1  The previous merits panel concluded that it would have              
          been obvious to one of ordinary skill in the art to arrive at the           
          previously appealed subject matter relying predominantly on                 




               1 See also claim 1 of our decision involving Appeal No.                
          96-3269 which relates to a curable (cross-linkable) composition             
          containing, inter alia, a monohydroxylated epoxidzed polydiene              
          polymer and a curing agent which generically includes an amino              
          resin.                                                                      
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