Appeal 2006-2668
Application 10/264,763
contends that it would have been obvious to one of ordinary skill in the art at
the time of the invention to utilize zinc borate and alumina trihydrate in
Boothe’s bond liner composition to improve the heat and erosion resistance
thereof as taught by Nelson (Answer 3).
Appellants assert that one of ordinary skill in the art would not have
been motivated to use the components of Nelson’s composition in Boothe’s
composition because Nelson is concerned with a thermally curable liner
while Booth teaches a UV curable liner (Br. 7). Appellants contend that, at
best, the Examiner has established that it might have been “obvious to try”
zinc borate or alumina trihydrate in Boothe’s composition (Br. 9).
ISSUE
Based on the contentions of the Examiner and the Appellants, the
issue before us is: Has the Examiner provided sufficient facts and reasons to
establish that one of ordinary skill in the art, upon considering the combined
teachings of Boothe and Nelson, would have been motivated to include zinc
borate or alumina trihydrate in Boothe’s liner formulation to achieve the
invention as claimed? For the reasons discussed below, we answer this
question in the affirmative.
RELEVANT FINDINGS OF FACT
1) Boothe discloses a rocket motor liner formulation comprising an
ultraviolet curable polymer and a thermally curable polymer (Boothe,
col. 1, ll. 18-20; Specification ¶ [0007]).
3
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