Ex Parte HALEY et al - Page 7



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

          appellants, Hager discloses an isocyanate index of between 0.90             
          and 1.20 as opposed to commercial values of 1.0 to 1.15.2                   
          Consequently, it can be seen that Hager provides no guidance for            
          obtaining a flexible polyurethane foam having the claimed IFD by            
          using a polymeric MDI having the claimed isocyanate index of                
          about 0.80.  Appealed claims 29, 30 and 31 define polyurethane              
          foams in accordance with claims 19, 20 and 21, respectively.  We            
          will not reverse the examiner's rejection of claim 32 since it              
          recites an IFD of about 24 lbs. which is clearly taught by Hager.           
               In conclusion, based on the foregoing, the examiner's                  
          rejection of claims 25-28 and 32 is affirmed.  The examiner's               
          rejection of claims 19-21 and 29-31 is reversed.  Accordingly,              
          the examiner's decision rejecting the appealed claims is                    
          affirmed-in-part.                                                           








               2 The examiner has not challenged appellants' statement that           
          the claimed 0.80 corresponds to 80 in Hager's terminology.                  
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