Ex Parte Shah - Page 2




               Appeal No. 2004-2219                                                                        Page 2                 
               Application No. 09/927,009                                                                                         

                                                       INTRODUCTION                                                               
                      The claims are directed to a method for forming a moisture reactive hot melt adhesive and                   
               the adhesive formed thereby.  Claim 1 is illustrative of the method:                                               
                      1.  A method for forming a moisture reactive hot melt adhesive comprising                                   
                      a) forming a hydroxyl-functional prepolymer by reacting first components comprising a                       
                          polyol selected from the group consisting of polyether polyols, polyester polyols, and                  
                          mixtures thereof, said polyol having a weight average molecular weight of from 250                      
                          to 5,000; and a polyisocyanate, the ratio of OH/NCO groups of said first components                     
                          on an equivalents basis being from 1.05 to 3.0;                                                         
                      b) admixing second components comprising said hydroxyl-functional prepolymer, a                             
                          polyol selected from the group consisting of polyether polyols, polyester polyols, and                  
                          mixtures thereof, and a polyisocyanate, the weight ratio of said hydroxyl-functional                    
                          prepolymer to said polyol being from 9/1 to 1/9, and the ratio of NCO/OH groups of                      
                          said second components on an equivalents basis being from 1.5 to 2.2; and                               
                      c)  reacting, or allowing to react, said admixture.                                                         
                      The Examiner maintains rejections under 35 U.S.C. §§ 102(e) and 103(a).  As evidence                        
               of unpatentability, the Examiner relies upon the following prior art references:                                   
               Anderson et al. (Anderson)                    5,939,499                     Apr. 17, 1999                          
               Graham                                        6,365,700                     Apr.   2, 2002                         
                      Claims 1-3 stand rejected under 35 U.S.C. § 102(e) as anticipated by Graham.  Claims 1-                     
               3 also stand rejected under 35 U.S.C. § 103(a) as obvious over Graham.  Claim 4 stands rejected                    
               under 35 U.S.C. § 103(a) as being unpatentable over Graham in view of Anderson.                                    
                      We reverse with regard to the rejection under 35 U.S.C. § 102, but we affirm with regard                    
               to the rejections under 35 U.S.C. § 103.  Our reasons follow.                                                      










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