Ex parte SCHMALSTIEG et al. - Page 2




          Appeal No. 96-0736                                                          
          Application 07/984,596                                                      


               This is an appeal from the final rejection of claims l-6, 8,           
          and 9, all the claims remaining in the present application.                 
          Claim 1 is illustrative:                                                    
               1.  Polyisocyanates based on a polyhydroxyl polyether having           
          a molecular weight of from about 350 to about 500 and tolylene              
          diisocyanate containing ether and urethane groups having                    
               a)  an NCO content of from about 11.8 to about 14.4% by                
          weight,                                                                     
               b)  an average NCO functionality of from about 3.1 to about            
          4.0 and                                                                     
               c)  a free tolylene diisocyanate content of less than about            
          0.1% by weight.                                                             

               The examiner relies upon the following reference as evidence           
          of obviousness:                                                             
          Schnabel et al.          4,385,171      May 24, 1983                        
          (Schnabel)                                                                  

               Appellants’ claimed invention is directed to                           
          polyisocyanates, and a process for their preparation, wherein the           
          polyisocyanates have the recited NCO content and average NCO                
          functionality, as well as a free tolylene diisocyanate content of           



          less than about 0.1% by weight.  Since vapors from free tolylene            
          diisocyanate are toxic to humans, it is desirable to limit the              

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