Appeal 2007-2023
Application 10/757,453
teaches that fluororesins have a low adhesive property and inadequate bond
strength to most other materials, including polyamide and polyesters
(Answer 4). The Examiner relies on Nishi’s teaching that enhanced melt
adhesiveness may be provided to fluororesins by incorporation of a
functional group into the fluororesin (Answer 5). The Examiner concluded
that:
[I]t would have been obvious to one having ordinary skill in the
art at the time Appellant's [sic, Appellants’] invention was
made to add a functional group selected form [sic, from] the
group consisting of epoxy group, hydroxyl group, carboxylic
anhydride residual group, and carboxylic acid group, in order to
provide the fluororesin with increased adhesiveness to materials
like polyester and polyamide, since adding a functional group
to the fluororesin increases the adhesive bond between the
fluororesin and the polyester and polyamide of the adhesive
layer, as taught by Nishi. . . thus improving the adhesiveness
between the fluororesin and adhesive layer of Nishino.
Answer 5-6.
Appellants argue that Nishi is directed to a hose having a two-layer
structure comprising an inner layer made of a fluororesin and an adjacent
outer layer made of polyamide (Br. 13). Appellants point out that Nishino
relates to a hose having at least three layers, including an adhesive layer (Br.
13). Thus, Appellants maintain that Nishi and Nishino relate to different
structures and to mutually exclusive solutions to the problem of interlaminar
adhesion, such that neither reference discloses or suggests modification of
the other reference (Reply Br. 6).
The teaching of a reference is not limited to the specific invention
disclosed. In re Kahn, 441 F.3d 977, 988, 78 USPQ2d 1329, 1337 (Fed. Cir.
2006). Thus, the motivation to modify or combine references is not limited
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