Ex Parte Gerle et al - Page 9



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

          polyisocyanate according to its invention by employing the                  
          claimed pyrazole, i.e., dimethylpyrazole.  See column 8, Example            
          3.  This claimed pyrazole is shown to block the NCO groups of a             
          polyisocyanate at a temperature of 80 oC (above 50 oC).  Id.  In            
          other words, Baumbach also teaches that the claimed pyrazole is             
          within the category of the NCO blocking agents preferred by Reiff           
          ‘370 and ‘737 as indicated supra.                                           
               Deiner and Reiff ‘737, on the other hand, do not mention               
          pyrazole blocking agents.  See Deiner and Reiff ‘737 in their               
          entirety.  Rather, they state that any conventional NCO blocking            
          agents may be used to block the NCO groups of their                         
          polyisocyanates so that they can form desired blocked                       
          polyisocyanates for treating textiles materials.  See Deiner,               
          column 2, line 62 to column 3, line 1 and Reiff ‘737, columns 1,            
          2, and 3.                                                                   
               Thus, for the reasons well articulated by the examiner at              
          pages 6 through 9 of the Supplemental Answer and set forth above,           
          it cannot be said that the appellants have carried their burden             
          of rebutting the prima facie case established by the examiner.              
          Indeed, the references of record relied upon by the appellants              
          support, rather than negate, obviousness of the claimed                     
          invention.                                                                  
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