Appeal 2005-2349
Application 09/961,126
resin. The present record is deficient as to the properties of this "suitable
isocyanate resin." In order for the alternate means disclosed by Wallick to
anticipate the water supply device of the present invention there must be
some evidence which establishes that the consistency and flow
characteristics of the "suitable isocyanate resin" are the same as or
comparable to that of water. The Examiner has not made such a finding on
the present record, and the majority has not addressed this deficiency. Based
upon these disclosures appearing in column 5, it appears that the resin
supply device depicted in Figure 2b is designed to provide a coating of high
concentration resin to the tips of the traveling medium. 4 There is no
indication that such a device suitable for applying a higher concentration of
resin is also suitable for applying water to the fluted tips. While it may be
possible for a person of ordinary skill in the art to modify the resin supply
device depicted in Figure 2b to apply water to the fluted tips, such is not the
standard under 35 U.S.C. § 102(b).5
4 The present record does not include findings as to the structural materials
used to form the roll coater. Thus, the present record does not have
sufficient information to establish structural similarity. The identification of
a component base solely on the appearance in the figures is insufficient to
describe the materials from which the component is constructed.
5 In my opinion, prior to disposition of the present application, the Examiner
should determine whether the appealed subject matter is patentable over the
Wallick references under 35 U.S.C. § 103.
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