Appeal 2007-1174
Application 11/001244
Applying the preceding legal principles to the factual findings in the
record of this appeal, we determine that the Examiner has established a
prima facie case of obviousness in view of the reference evidence. As
shown by factual findings (1) through (3), (6) and (10) listed above, we
determine that adhesive compositions of a cyanoacrylate component, PMM
thickener, and fumed silica, with fixturing times of less than about 70
seconds, are disclosed by Nishino. We determine that the only difference
between the claimed subject matter and the disclosure of Nishino is the
particular thickener employed (Answer 4). We also determine that Gleave
teaches the improved results achieved by using VAC thickeners in place of
conventional PMM thickeners in cyanoacrylate adhesive compositions (see
factual finding (7) listed above). Therefore, we determine that the Examiner
has established sufficient motivation to modify the adhesive composition of
Nishino.
We note that Nishino teaches that difficulties are encountered if the
specific molecular weight and amount of PMM are not used (see factual
finding (5) listed above). However, as taught by Gleave, the molecular
weight of the thickener will affect solubility and thickening ability, but one
of ordinary skill in this art would have routinely been able to select the
appropriate molecular weight to achieve the desired properties (see factual
finding (7) listed above). Similarly, the amount of thickener would affect
the viscosity and flowability of the adhesive composition, but such amounts
would have been well within the ordinary skill in the art (see factual finding
10
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