Appeal 2007-1900
Application 10/605,858
With regard to the second question, we find that, based on the mixture
disclosed in Example 1 of Galmiche, it is reasonable to conclude that some
of the ammonium chloride activator is dissolved in the isopropyl alcohol
solvent. There is no dispute that Galmiche’s ammonium halide activator is
“slightly soluble in alcohol” as found by the Examiner (Br. 18). Given that
Galmiche mixes 1200 cubic centimenters of alcohol with 10 grams of oleic
acid surface active agent and 13 grams of ammonium chloride, it is
reasonable to conclude that some of the ammonium chloride dissolves in the
alcohol especially upon mixing in the ball grinder for one hour (Galmiche,
col. 6, ll. 30-35). Where the Examiner has reason to believe that a claimed
property may, in fact, be an inherent characteristic of the prior art product,
an Examiner possesses the authority to require applicant to prove that the
subject matter shown to be in the prior art does not in fact possess the
property. In re Best, 562 F.2d 1252, 1254-55, 195 USPQ 430, 433 (CCPA
1977). Appellants have not provided any objective evidence that dissolution
does not occur.
With regard to “extraneous binder,” again, we find no definition in
Appellants’ Specification nor do we find an express disclaimer of meaning.
Hawley’s Condensed Chemical Dictionary defines a binder as:
(1) The film-forming ingredient in paint, usually either a drying
oil or a polymeric substance. (2) In the food industry, a material
used in sausage manufacture that absorbs moisture at high
temperatures, e.g., various flours, dried milk, and soy protein.
(3) Any cementitious material that is soft at high temperatures
and hard at room temperature, used to hold dry powders or
aggregate together, e.g., asphalt and sulfur in paving
compositions, and resins used in sand casting.
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