Ex Parte QUIS et al - Page 4



          Appeal No. 2005-0359                                                        
          Application No. 09/333,917                                                  

                    (B) 0-2 parts by weight per 1 part by weight of                   
               Component (A) of a pre-polymer that dissolves or                       
               swells in (A);                                                         
                    (C) 2-5 parts by weight per 100 parts by weight                   
               based on Components (A) + (B) of at least one paraffin                 
               and/or wax;                                                            
                    (D) a redox system, containing an accelerator                     
               and a peroxide catalyst or initiator in an amount that                 
               is adequate for cold-curing of Component (A); and                      
                    (E) optionally, at least one conventional                         
               additive,                                                              
                    wherein the multifunctional (meth)acrylate and                    
               component (C) are together present in an amount                        
               effective for the reaction resin, when applied to                      
               concrete at a thickness of approximately 1 cm and set                  
               at ambient temperature for 90 minutes, to be non-                      
               tacky.                                                                 
                    18.  The reaction resin according to Claim 17,                    
               wherein said multifunctional (meth)acrylate is 1,4-                    
               butanediol dimethacrylate; component (B) is a polymer                  
               based on butyl methacrylate and methyl methacrylate.                   
               The examiner relies on the following prior art reference as            
          evidence of unpatentability:                                                
          Hari et al. (Hari)       5,516,546                May 14, 1996              
               Claims 1 through 4 and 7 through 18 on appeal stand                    
          rejected under 35 U.S.C. § 103(a) as unpatentable over Hari.                
          (Examiner’s answer mailed Aug. 12, 2004 at 3-13.)1                          
                                                                                     
               1  In the Jan. 28, 2004 Office action, claims 1-4 were                 
          rejected under 35 U.S.C. § 112, ¶2 (id. at 2) and claims 1-4 and            
          7-18 were rejected under 35 U.S.C. § 102(b) as anticipated by               
          Hari (id. at 3).  The examiner indicates in the answer at 2-3               
          that the §112, ¶2 rejection has been withdrawn.  As to the                  
          §102(b) rejection, the examiner did not repeat the rejection in             
          the answer.  Accordingly, we presume that this rejection has                
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