Appeal No. 2004-1062
Application No. 08/448,019
sition militates against the obviousness of coating compositions
within the scope of claim 1 on appeal. We observe that appealed
claim 1 does not define the composition as not moisture curable.
Appellant also presents the argument that “the imine
disclosed by Aoki is limited to aldimines formed from aromatic
aldehydes” (id.). However, R1 and R2 of the claimed formula can
be an aryl group and appellant has not disputed the examiner’s
finding that the imines disclosed by Aoki are within the scope of
the appealed claims. Hence, appellant’s contention that “Aoki
teaches away from the use of aldimines other than those formed
from aromatic aldehydes, and in particular, from those formed
from aliphatic aldehydes” (id.) is not germane to the claimed
subject matter on appeal.
Appellant also maintains that “Zwiener’s disclosure is
limited to the use of polyaspartic esters with polyhydroxyl
compounds as the optional isocyanate-reactive component”, whereas
the claimed composition is “substantially free of hydroxyl
groups” (page 5 of principal brief, second paragraph). However,
as acknowledged by appellant, Zwiener’s use of polyhydroxyl
compounds is optional. Consequently, Zwiener fairly teaches
compositions that are substantially free of hydroxyl groups.
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