Appeal No. 2005-0898
Application No. 10/047,527
on a different cure chemistry, comprising an epoxy group-
containing acrylic resin; a polycarboxylic acid; and an anti-
oxidant having a melting point of from 50° to 140°C" (page 8 of
Brief, second paragraph), one of ordinary skill in the art would
not have found any teaching or suggestion in Nakae that the anti-
oxidants used therein would be useful in compositions like Geary
and Chasser, which have different cure chemistry. However, as
properly noted by the examiner, the phenolic antioxidant is not
reactive with the polymer binder compositions of Geary and
Chasser and, therefore, one of ordinary skill in the art would
not have been dissuaded from using the equivalent phenolic
antioxidants disclosed by Nakae in the compositions of Geary and
Chasser.
Appellants also contend that there is no teaching or
suggestion in Nakae that the claimed phenolic antioxidant would
be better than the Irganox® 1076 antioxidant disclosed in Geary
and Chasser. However, it is not necessary for a finding of
obviousness that Nakae teach that the claimed antioxidant is
better. As set forth by the examiner, all that is required is
that Nakae teach that the five preferred antioxidants are
equivalent, such that it would have been expected that the
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