Appeal 2007-1692
Application 10/415,009
II. DISCUSSION
A. Issue
In reviewing the rejections, we consider the dispositive issues arising
from the contentions advanced in the Brief filed December 12, 2005, the
Answer filed January 20, 2006, and the Reply Brief filed March 20, 2006.
The dispositive issue arising from the contentions of Appellants and
the Examiner is: Have Appellants overcome the rejection (1) by showing
insufficient evidence of prima facie obviousness on the basis that there is no
reason to combine the teachings of the references or (2) by rebutting the
prima facie case with sufficient evidence of unexpected results? See In re
Kahn, 441 F.3d 977, 985-86, 78 USPQ2d 1329, 1335 (Fed. Cir. 2006) (“On
appeal to the Board, an applicant can overcome a rejection by showing
insufficient evidence of prima facie obviousness or by rebutting the prima
facie case with evidence of secondary indicia of nonobviousness.” (emphasis
omitted)).
B. Facts
The following Findings of Fact (FF) are supported by a preponderance
of the evidence:
1. Bolte describes a multistage-curing reactive adhesive. The
adhesive includes two components A and B (col. 1, ll. 6-9).
Component A, a polyurethane prepolymer, is prepared by
reacting a base polymer (col. 4, ll. 9-14) with a suitable
polyfunctional polyisocyanate (col. 7, ll. 6-49). The list of
suitable polyisocyanates includes diisocyanates (id.). Example
3
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