Appeal No. 2004-2275
Application No. 09/444,968
HO-CH2-CR(C2H5)-CH2OH, wherein R is an alkyl group having
3-6 carbon atoms.
OPINION
Upon careful review of the respective positions advanced by
Appellants and the Examiner, we find that the Examiner has failed to carry
the burden of establishing a prima facie case of anticipation or
obviousness. Consequently, we will not affirm the rejection of the claims
under §§ 102 and 103. Rather than reiterate the conflicting viewpoints
advanced by the Examiner and Appellants concerning the above-noted
rejections, we refer to the Answer and the Briefs. We reverse for the reasons
presented in the Briefs and add the following.
The Examiner acknowledges that both the Ho and Mayer references
teach coating compositions that comprise an hydroxy group-containing
film forming polymer and a polyurethane, i.e., the reaction of a diol and
polyisocyanate. (Answer, pp. 4 and 5). The Examiner also asserts “the
claims do not limit the compositions to unreacted components, and the
appellant's examples show rapid reaction of the claimed components.”
(Answer, p. 6). It appears that the Examiner is asserting that the claimed
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