Appeal 2007-1174
Application 11/001244
(6) Nishino discloses examples where the fixturing times (set
times) for the adhesive compositions are 20, 40, and 50
seconds (Examples 1-3; Answer 4);
(7) Gleave discloses an adhesive composition of a
cyanoacrylate with a VAC thickener, which thickener gives
improved peel strength over the conventional PMM
thickener, with the selection of molecular weight well
within the skill of the art (col. 1, ll. 7-9, 55-68; col. 3, ll. 40-
47; and col. 4, ll. 3-6, 58-62; Answer 4);
(8) O’Connor teaches the well known use of fumed silica as a
thixotropic agent and PMM as a thickener in cyanoacrylate
adhesive compositions, as well as the amounts necessary to
achieve these functions (col. 3, ll. 50-63);
(9) O’Connor teaches the use of various accelerating agents to
produce fixture times of less than 30 seconds, depending on
the substrates (col. 4, ll. 11-13; Example 4 in Table 1; and
Table 2);
(10) Koga teaches that additives known as Aerosil R200 and
R972 are fumed silicas (Table 1; Answer 4).
Implicit in our review of the Examiner’s obviousness analysis is that
the claim must first have been correctly construed to define the scope and
meaning of each contested limitation. See Gechter v. Davidson, 116 F.3d
1454, 1457, 1460 n.3, 43 USPQ2d 1030, 1032, 1035 n.3 (Fed. Cir. 1994).
The transition phrase “consisting essentially of” has a settled meaning in
patent jurisprudence and opens the claim to the inclusion of any component
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