Appeal No. 1998-3145
Application 08/432,285
groups
but also does not have the desired absence of secondary
products having isocyanurate structures.
Because the examiner has not established that the
appellants’ “consisting essentially of” language fails to
exclude the aromatically bound isocyanate groups of Verheist
or Windemuth, or explained why the applied references would
have fairly suggested, to one of ordinary skill in the art,
making a polyisocyanate which does not include the
aromatically bound isocyanate groups of Verheist or Windemuth,
the examiner has not carried the burden of establishing a
prima facie case of obviousness of the invention recited in
any of the appellants’ claims. Accordingly, we reverse the
examiner’s rejection.
DECISION
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