Ex Parte Gerle et al - Page 4



          Appeal No. 2006-0436                                                        
          Application No. 09/942,465                                                  

          and distinctly claim the subject matter which the appellants                
          regard as their invention.  Claims 1 through 15 stand rejected              
          under 35 U.S.C. § 103 as unpatentable over the combined                     
          disclosures of either Reiff ‘370 or ‘737 and Danner.                        
                                     DISCUSSION                                       
               We have carefully reviewed the claims, specification and               
          prior art, including all of the evidence and arguments advanced             
          by both the examiner and the appellants in support of their                 
          respective positions.  This review has led us to conclude that              
          only the examiner’s Section 103 rejection is well founded.                  
          Accordingly, we only affirm the examiner’s Section 103 rejection            
          for essentially the factual findings and conclusions set forth in           
          the Answer, the Supplemental Answer and below.                              
               As evidence of obviousness of the claimed subject matter               
          under Section 103, the examiner relies on the combined                      
          disclosures of either Reiff ‘370 or ‘737 and Danner.5  According            
          to the examiner (the Answer, page 4), Reiff ‘370 and ‘737                   
          individually teach                                                          
               the production of blocked isocyanates and their use                    
               with water-proofing and oil-proofing fluorocarbon                      
                                                                                     
               5For purposes of this appeal, claims 1-15 stand or fall together.  Compare the Answer,
          page 3, with the Brief in its entirety.                                     
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