Appeal No. 2006-1931
Application No. 10/305,201
THE REJECTION OVER GB '7386, 7
The Examiner asserts that GB >738 discloses the reaction product of styrene-modified
soybean oil fatty acid methyl ester and ethylene diamine having a molecular weight as high as
5000. (Answer, pp. 4 and 5). GB >738 discloses that reaction product can be used in adhesives
and coatings. (Page 1, line 46). According to Appellants= specification, page 8, an example of a
fatty compound corresponding to component (A) includes fats and oils in native form, i.e.,
soybean oil. The specification also discloses the reaction of components (A) and (B) results in
the polymer formation by polyaddition reactions and polycondensations reactions. (Page 10).
The invention of GB >738 differs from the claimed invention in that the adhesives and coatings
are not disclosed as aqueous. EP '467 discloses that the polycondensation reaction products are
suitable for formation of aqueous adhesive compositions. Thus, the claimed invention is
rendered prima facie obvious over the combined teaching of GB >738 and EP '467.
Appellants acknowledge that GB >738 is directed to a composition that is similar to the
claimed invention. However, Appellants argue the composition of GB >738 is not taught or
suggested to be dispersible or soluble in water because the reaction product does not have any
solubilizing groups. (Brief, pp. 7 and 8). We are not persuaded by Appellants= argument. First,
Appellants have not disputed that the reaction product cited by the Examiner does meet the
requirements of components A and B of the claimed invention. The Examiner has asserted the
6 We select claim 16 as representative of the rejected claims 16 to 18 and 21 to 32.
7 To the extent that the Examiner has rejected claims 16 to 34 and 43 over GB '738 alone, we reverse this rejection.
The Examiner (Answer, page 8) recognizes that GB '738 does not disclose an aqueous dispersion. As such, this
reference alone does not render the claimed subject matter obvious.
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