Appeal No. 2003-1795
Application No. 09/821,702
We are not persuaded by this argument for the factual findings
and conclusions set forth in our previous decisions involving
Appeal Nos. 1997-2238 and 1997-4371 and in the examiner’s answer.
We set forth those findings of fact and conclusions below for
convenience and emphasis (e.g., the decision on Appeal No. 1997-
4371, pages 4-7 and the answer page 4):
Erickson `464 discloses an epoxy resin composition
which includes an epoxidized polydiene polymer which
can be comprised of at least two polymerizable
ethylenically unsaturated hydrocarbon monomers wherein
at least one is a diene monomer (col. 1, line 54 - col.
2, line 14; col. 3, lines 11-48). There is no dispute
as to whether the structural formula of Erickson '464
(col. 1, lines 54-64) encompasses or would have fairly
suggested, to one of ordinary skill in the art, non-
monohydroxylated I-EB-S and I-B-S species. Erickson
`464 does not disclose that the epoxidized polydiene
polymer can be monohydroxylated. However, Richards
discloses terminating polymer chains by functional
groups including hydroxyl (col. 3, line 62 - col. 4,
line 14) and, regarding polymers which have a reactive
group on each of its ends, i.e., telechelic polymers
(col. 1, lines 33-35), teaches that terminal
functionalization, i.e., functionalizing the polymer
only at its ends, minimizes the number of free chain
ends in the cured product and is primarily responsible
for a providing a favorable network structure (col. 5,
lines 16-23). Although Richards specifically addresses
difunctional-terminated polymers, the benefits
disclosed by Richards of functionalizing polymers only
at the chain ends, i.e., producing a product which has
fewer free chain ends and a better polymer network
structure, appear to be benefits which one of ordinary
skill in the art also would have considered to be
desirable for polymers which are to be terminated at
only one end by a functional group. Thus, in our view,
the teaching. by Richards would have led one of
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