Appeal 2007-1559
Application 10/151,746
Danek, Inc., 424 F.3d 1293, 1320-21 n.3, 76 USPQ2d 1662, 1683 n.3 (Fed.
Cir. 2005).
We have thoroughly reviewed each of Appellant's arguments for
patentability. However, we are in complete agreement with the Examiner
that the claimed subject matter would have been obvious to one of ordinary
skill in the art within the meaning of § 103 in view of the applied prior art.
Accordingly, we will sustain the Examiner's rejection for essentially those
reasons expressed in the Answer, and we add the following primarily for
emphasis.
There is no dispute that Butler discloses a fiber reinforced composite
comprising an ethylenically unsaturated liquid monomer, an unsaturated
polyester having an amount of reactive hydroxyl groups within the claimed
range, and an amount of organic polyisocyanate sufficient to provide a molar
ratio of isocyanate group to hydroxyl group within the claimed range. Butler
teaches that the polymerizable composition can have fibrous reinforcing
materials added thereto, but a list of examples of the fibrous materials does
not include the claimed carbon fibers (see col. 7, ll. 29 et seq.). However, as
explained by the Examiner, JP '247 teaches that compositions comprising
unsaturated polyester resins of the type presently claimed and disclosed by
Butler can be reinforced with carbon fibers by adding to the composition a
polyisocyanate compound as a thickener in a molar ratio of 0.7 to 1.3 with
respect to the reactive hydroxyl group. Hence, since the fiber reinforced
composition of Butler may comprise a molar ratio of isocyanate to hydroxyl
groups taught by JP '247, we agree with the Examiner that it would have
been obvious to one of ordinary skill in the art to incorporate carbon fibers
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