Appeal No. 2006-0415
Application No. 10/267,200
1 closely tracks the claimed range of “at least 20 minutes.”2
2 Accordingly, we agree with the examiner that De Keyser
3 suggests to one of ordinary skill in the art a pot life of from a
4 few minutes to several hours, which is substantially overlaps the
5 claimed time range for the viscosity of the instant claim.
6 Accordingly, we find no error in the examiner’s conclusion that
7 the art as a whole renders the claimed viscosity of claim 27
8 obvious.
9 Where the general conditions of the claimed subject matter
10 are disclosed by the prior art, it is not inventive to discover
11 the optimum or workable ranges by routine experimentation. In re
12 Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). In this
13 instance, the evidence supports the conclusion that the viscosity
14 claimed is simply the useful pot life of adhesives for laminating
15 films.
16 For the above reasons, we therefore affirm this rejection as
17 it relates to claim 27.
18
2 We also note that it appears that the selection of epoxy/hardener adhesive
formulations for the specific properties of pot life and viscosity were within
the skill of one of ordinary skill in the art. See, e.g. Resin/Hardener
Combinations, Pro-Set Laminating Epoxy Resin/Hardener Combinations, February 23,
2000. (Exhibit A) which lists several commercial epoxies which are within the
claimed viscosity ranges. A pot life on the order of 20 minutes for fluid
applications was known. Epoxy Resins, Their Applications and Technology,
“Adhesives,” pp. 223, McGraw Hill, 1957. (Exhibit B). Furthermore, viscosity,
pot life, and temperature are all known to be interrelated variables to be
optimized. (Id.).
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