Appeal No. 2004-1062
Application No. 08/448,019
Appellant does not dispute the examiner’s factual
determination that Aoki discloses curable polyurethane
compositions comprising an imine which falls within the claimed
formula, a polyisocyanate, and a polyurethane prepolymer having
two or more isocyanate groups. The composition of Aoki does not
comprise the claimed polyaspartic ester. However, as explained
by the examiner, Zwiener teaches the use of such polyaspartic
esters in polyurethane coatings similar to those of Aoki.
Appellant does not dispute the examiner’s finding that the
suitable polyisocyanates of Zwiener that “are disclosed in column
2, lines 34-51 are essentially identical to those disclosed in
Aoki et al.” (page 5 of answer, third paragraph). Appellant also
does not contest the examiner’s finding that “[t]he polyaspartic
esters [of Zwiener] are also within the range of the instantly
claimed polyaspartic esters” (id.) Consequently, as a result of
the collective teachings of Aoki and Zwiener, we concur with the
examiner that it would have been obvious for one of ordinary
skill in the art to formulate a polyurethane coating containing
polyisocyanates, polyurethane prepolymers and a combination of
curatives comprising the imines of Aoki and the polyaspartic
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