Appeal 2007-0885
Application 10/053,497
ANALYSIS AND CONCLUSIONS
The Examiner found that Yang discloses a hot-melt adhesive
composition for bonding difficult-to-bond substrates. (Answer 3). The
Examiner notes that ethylene n-butyl acrylate copolymer and modified
terpene are among the various components which may be used in Yang’s
composition. (Answer 3-4). The Examiner concluded that it would have
been obvious for one of ordinary skill in the art to employ an adhesive
comprising ethylene n-butyl acrylate copolymer and a tackifier comprising
modified terpene based on Yang’s specific teaching that these are useful
components in bonding difficult-to-bond substrates. (Answer 4).
Appellants assert that the claimed process utilizes a thermoplastic hot
melt adhesive composition. Appellants argue that the claims are patentable
over Yang because Yang utilizes reactive hot melt polyurethane adhesives,
which are not encompassed by the present claims. (Br. 4). According to
Appellants, thermoplastic hot melt adhesives can be repeatedly heated from
a solid state and flowed to a liquid form. In contrast, reactive hot melt
adhesives contain isocyanate terminated prepolymers which react with
surface or ambient moisture in order to chain extend forming a new
polyurethane polymer, thereby going through an irreversible chemical
reaction once dispensed in the presence of ambient moisture. Appellants
argue that while Yang may use additives such as tackifying resins and
thermoplastic polymers, Yang’s adhesives are still reactive polyurethane hot
melt adhesives containing a polyfunctional isocyanate component and a
polymer polyol component.
During prosecution claims are given their broadest reasonable
construction “in light of the specification as it would be interpreted by one of
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