Ex Parte HALEY et al - Page 4



          Appeal No. 1998-3187                                                        
          Application No. 08/130,517                                                  

          sustain the examiner's rejection of claims 25-28 and 32 for                 
          essentially those reasons expressed by the examiner.  However, we           
          will not sustain the examiner's rejection of claims 19-21 and               
          29-31.  Our reasoning follows.                                              
               Hager, like appellants, discloses flexible polyurethane                
          foams formed from polymer polyol compositions.  Appellants do               
          not dispute the examiner's factual determination that Hager                 
          discloses claimed reactants (a) and (c), so-called high                     
          functionality polyol and subsidiary polyether polyol high in                
          poly(oxyethylene) content, respectively.  It is appellants'                 
          contention that Hager does not teach claimed reactant (b), a                
          styrene-acrylonitrile copolymer dispersed in the continuous phase           
          of a triol polyol (claim 19), or a polymer triol polyol having a            
          molecular weight of about 3,000-6,500 (claim 25).  In particular,           
          appellants submit at page 11 of the principal brief (filed                  
          October 23, 1996) that "the Examiner's allegation that Hager                
          teaches the use of Appellants' component (b) polymer triol polyol           
          is fundamentally incorrect" (paragraph two).  Appellants further            
          maintain that "Hager does not disclose or teach obtaining a                 
          polyol composition ultimately comprising three different polyol             
          composition components" (page 16 of principal brief, penultimate            
          paragraph).                                                                 
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