Ex Parte Klauck et al - Page 7




              Appeal No. 2006-1931                                                                                            
              Application No. 10/305,201                                                                                      
              free amino or carboxyl groups on the fatty acid-polyamine reaction product establishes the                      
              polarity of the product.  Further, the Examiner has asserted that EP '467 is suggestive of using                
              such compounds in aqueous adhesives.  The claimed invention is open to the inclusion of other                   
              components in the adhesive composition which could disperse the reaction product.  That is,                     
              there is no requirement that the only components contained in the sealing or adhesive                           
              composition are the formed reaction product of (A) and (B).                                                     
                      The Examiner does not rely on the GB '738 reference to teach the differences identified                 
              above regarding claims 19, 20, 33, 34, and 43 discussed above.  As such, to the extent that the                 
              Examiner has rejected these claims over the combined teachings of GB '738 and EP '467 we                        
              reverse.                                                                                                        
              THE REJECTIONS OVER GB '782, RUSSELL, AND MARTINO                                                               
                      The Examiner has not met the burden of establishing a prima facie case of obviousness                   
              over the teachings of GB '782, Russell, and/or Martino.  The Examiner recognizes (Answer, page                  
              6) that Martino and Russell do not recite the utility as an adhesive.  The Examiner recognizes                  
              Answer, page 9) that GB '782 discloses utility of the composition as a binder.  The Examiner has                
              not directed us to the portions of these references that establish that the disclosed reaction                  
              products of fatty acid compounds derived from vegetable oils with triglyceride structures are                   
              suitable for use as adhesives.  Furthermore, we have not been directed to evidence that                         
              establishes that the reaction products of GB '782, Russell, and Martino are functionally                        
              equivalent to the reaction products disclosed in EP '467 and GB '738.  As such, the Examiner has                
              not met the burden of establishing that the rejected claims are prima facie obvious over GB '782,               
              Russell, and Martino alone, or in combinations with themselves, as well as in combination with                  

                                                             -7-                                                              



Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007