Appeal No. 2003-1795
Application No. 09/821,702
ordinary skill in the art to use functional groups such
as hydroxyl groups as terminal groups for those
polymers of Erickson `464 which are monofunctional
terminated. See In re Lamberti, 545 F.2d 747, 750, 192 USPQ
278, 280 (CCPA 1976) (A reference encompasses not only
what it expressly discloses, but also what it would
have fairly suggested to one of ordinary skill in the
art.).
Erickson `464 teaches that "(e]poxy groups can be
converted to hydroxyl functionality, capable of
crosslinking with aminoformaldehyde resins or
isocyanates, by reduction or reaction with water" (col.
7, lines 49-52). As pointed out by appellants (brief,
page 4), this is a disclosure of a combination of an
amino resin with a polymer having hydroxyl groups
rather than epoxy groups. However, . . . [the]
appellants acknowledge that curing of epoxy polymers
using amino resins was known in the art [(the decisions
on appeal Nos. 1997-4371 and 1997-2738, pages 6 and 7,
respectively)]2. [Moreover, as found by the Examiner
(Answer, page 4), Masse teaches curing epoxidized
polydiene with a melamine-formaldehyde as an amino
resin in an amount of from about 1 to 60 percent by
weight (column 8, lines 19-29)].
The polymer suggested by the combined teachings of
Erickson '464 and Richards has both epoxy groups and a
terminal hydroxyl group. Because it was known in the
art that amino resins are effective for crosslinking
polymers having hydroxyl groups as taught by Erickson
`464 and having epoxy groups as taught by ... [Masse]
and acknowledged by appellants, these references would
have fairly suggested, to one of ordinary skill in the
art, using amino resins to crosslink polymers having
both epoxy groups and hydroxyl groups, and would have
had a reasonable expectation of success in doing so.
Thus, use of amino resins to crosslink epoxidized
2 It is axiomatic that our consideration of the prior art must, of
necessity, include consideration of the admitted prior art. See In re Hedges,
783 F.2d 1038, 1039-40, 228 USPQ 685, 686 (Fed. Cir. 1986); In re Davis, 305
F.2d 501, 503, 134 USPQ 256, 258 (CCPA 1962) .
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