Appeal No. 2005-0181
Application No. 09/781,631
be an acrylate or methacrylate. See page 8, second paragraph of
appellant’s specification. Tang discloses that the core
comprises a polybutadiene or poly(meth)acrylate. See column 5,
lines 29-37. The shell is of a crosslinked copolymer as
described in column 5, lines 38-68 and column 6, lines 1-30. In
particular, the shell can be (meth)acrylates. See column 5, lines
55-58. Appellant’s claim 31 requires that the shell has a glass
transition temperature above room temperature. Because Tang’s
shell can be the same material, we agree with the examiner that
Tang’s shell has the same glass transition temperature.
Likewise, Tang’s core will have the same glass transition
temperature as appellant’s core for the same reason. While
appellant argues that Tang is forced to cross-link the core to
improve toughness, and this reduces his Tg, appellants’ claim 31
does not distinguish from the material in Tang in this regard.
On pages 8 and 9 of the brief, appellant does not dispute
that Tang discloses the same epoxy resin composition as that
claimed in claim 31. Rather, appellant argues that Tang does not
realize or solve the problems described by appellant concerning
the use of an encapsulant with an organic substrate or an FCA
environment. We note that use limitations of a product being
claimed has no significance in a product claim. Cf. In re
Wiggins, 397 F.2d 356, 359 n.4, 158 USPQ 199, 201-202 n.4 (CCPA
1968). In the case of In re Wiggins, the court noted that a
composition would not appear to be different in any material
manner from the composition of appellants’ claims no matter to
what ultimate use it would be put. Id. We therefore agree with
the examiner that use of the encapsulant in an FCA environment
and with an organic substrate is not the issue here. Because
appellant does not dispute the examiner’s findings that Tang
discloses the same composition, such supports a prima facie case
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