Appeal No. 1998-3145
Application 08/432,285
Verheist discloses a process for making a polyisocyanate
composition which contains at least 80 wt% of aromatically
bound isocyanate groups and can contain allophanate groups
(page 2, lines 22 and 42-46; page 5, lines 18-21 and 39-48),
wherein the catalyst can be a tin compound such as dibutyltin
dilaurate (page 6, lines 8-9).
Windemuth discloses a process for making allophanate
polyisocyanates containing at least one aromatically bound
isocyanate group (col. 2, lines 63-65), wherein the catalyst
can be tin(II) octoate (col. 6, lines 37-39).
The appellants’ claims require that the isocyanate groups
consist essentially of aliphatically and/or cycloaliphatically
bound isocyanate groups. The term “consisting essentially of”
includes not only what is specifically recited in the
appellants’ claim, but also any other materials which do not
materially affect the basic and novel characteristics of the
claimed invention. See In re Herz, 537 F.2d 549, 551-2, 190
USPQ 461, 463 (CCPA 1976); In re De Lajarte, 337 F.2d 870,
873-4, 143 USPQ 256, 258 (CCPA 1964); In re Janakirama-Rao,
317 F.2d 951, 954, 137 USPQ 893, 896 (CCPA 1963).
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