Ex Parte BAUMANN et al - Page 5



          Appeal No. 2000-0487                                       Page 5           
          Application No. 08/913,380                                                  

          trimethylolethane (a polyhydric branched alcohol).  See column 1,           
          line 40 through column 2, line 17 and composition B of Example 3            
          of Georgoudis and page 3 of the examiner’s answer.  As further              
          found and explained by the examiner (answer, page 4), the                   
          equivalent ratios of reactants in composition B of Example 3 of             
          Georgoudis are embraced by the ranges of equivalent ratios of               
          reactants as called for in representative claim 11.  Indeed, we             
          further note that Georgoudis expresses a broad range (1.01 to 2)2           
          and preferred range (1.05 to 1.2)3 of the proportionality of the            
          hydroxyl groups to isocyanate groups in the reactants used that             
          overlap appellants’ range.  Given that commonality of reactants,            
          we agree with the examiner that the claimed polyurethane product            



          glycol groups, an amount within the claimed “at least 70% by                
          weight range” as implicitly found by the examiner in rejecting              
          the appealed claims as anticipated by Georgoudis.                           
               2 The broad equivalent ratio range reported in Georgoudis              
          corresponds to a range of 1 (hydroxyl group):0.5 to 0.99                    
          (isocyanate groups), a range that overlaps the range of 1:0.6 to            
          0.85 in terms as recited in appellants’ claim 11.                           
               3 The preferred equivalent ratio reported in Georgoudis                
          corresponds to a range of 1 (hydroxyl group):0.83 to 0.95                   
          (isocyanate groups), a range that not only overlaps the range of            
          1:0.6 to 0.85 in terms as recited in appellants’ claim 11 but               
          that includes an endpoint (0.83) wholly within the claimed range.           
                                                                                     





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