Appeal 2007-1675
Application 10/158,708
“polyester, epoxy is a form of acrylic polymer[ ] . . .” (id.). For the reasons
set forth below, we disagree with the Examiner’s assertion.
Nevertheless, recognizing that Schulz does not teach an intermediate
layer comprising a cross-linkable resin, a cross-linking agent and chopped
fibers, the Examiner directs attention to Wimmer (Answer 4). The Examiner
finds that Wimmer teaches a composition comprising a cross-linkable
polyester resin, a cross-linking agent and chopped fibrous filler (Answer 4).
Wimmer teaches that this composition can be used in the production
of articles, such as bathtubs, to bond one acrylic sheet to another acrylic
sheet (Wimmer, abstract and col. 6, ll. 47-54). According to Wimmer,
[t]he essence of the present invention is the discovery
that adding a monomeric styrene compound, such as styrene
itself, and chalk or talc to a general purpose thermosetting
unsaturated polyester resin material results in an improved bond
between the thermosetting coating and the thermoplastic
substrate, particularly when the substrate is made of
acrylic . . . .
(Wimmer, col. 2, ll. 26-33.)
Based on this evidence, the Examiner finds that it would have been
prima facie obvious to a person of ordinary skill in the art at the time the
invention was made to substitute the intermediate layer composition taught
by Wimmer for that taught by Schulz (Answer 4).
Notwithstanding the Examiner’s assertion to the contrary, Schulz does
not teach an acrylic polymer shell and cap. To the contrary, Schulz teaches
an integral sink bowl and top having an outer layer, both top and bottom,
formed of glass fibers embedded in and reinforcing an outer surface of rigid
resin such as polyester resin (Schulz, col. 1, ll. 52-55). According to Schulz,
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