Appeal No. 2006-2817 Page 4
Application No. 10/734,979
defined in the specification. Accordingly, we give it its broadest reasonable
interpretation consistent with the specification. See e.g., Exxon Res. Eng’g. Co. v.
United States, 265 F.3d 1371, 1379-80, 60 USPQ2d 1272, 1280 (Fed. Cir. 2001).
Formula I is a triisocyanate triazine with the three R substituents. The claim refers to it
as “a compound” which “on average” has R groups with a specific carbon atom content.
Thus, we interpret “on average” to refer to the average of the number of R group carbon
atoms contained in a single molecule. This is consistent with the specification which
has an example of a di-hexyl (6 carbons), mono-butyl (4 carbons) compound which
would have, on average ((6+6+4)/3=5.33) more than five carbon atoms. Specification,
page 15, Compound 1.
Obviousness under § 103
Claims 1-14 stand rejected under 35 U.S.C. § 103(a) as obvious over Sadvary1
in view of admitted art described in Appellants’ application.
Sadvary is cited by the Examiner for its teaching of a providing a thermosetting
composition comprising a compound of Formula I as required by claim 1(a). Answer,
page 4, ¶ 1. Sadvary describes curable film-forming compositions that contain an
organic polysiloxane component. Sadvary, Abstract. The composition can be used as
a transparent top coat to cover automobile paint finishes. Id., ¶¶ 3, 8, and 13. The
polysiloxane is cured utilizing suitable curing agents which are reactive with the
polysiloxane’s functional groups. Id., ¶ 41. Examples of curing agents are described,
1 Sadvary et al. (Sadvary), U.S. Pat. App. Pub. No. 2001/0039324 A1, published Nov. 8, 2001.
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