Ex Parte WIEDERMANN et al - Page 5




          Appeal No. 2004-0800                                                        
          Application No. 08/362,547                                                  


          obviousness under § 103 a reference must be considered in its               
          entirety, including its non-preferred embodiments.  Here,                   
          although Volkert prefers that the blowing agents are used in                
          conjunction with water, the reference expressly teaches that                
          cyclopentane or mixtures of cyclopentane and/or cyclohexane can             
          be used alone or in combination with other alkanes.  Accordingly,           
          we find that it would have been obvious for one of ordinary skill           
          in the art, based on the Volkert disclosure, to formulate rigid             
          polyurethane foams by utilizing one or more C1 to C6 hydrocarbons           
          as the sole blowing agents, as presently claimed.                           
               As for separately argued claims 3 and 6, which recite                  
          pentane and hexane, respectively, as the blowing agents, we agree           
          with the examiner that it would have been obvious for one of                
          ordinary skill in the art to formulate a rigid polyurethane foam            
          by reacting the components disclosed by Volkert, and presently              
          claimed, wherein the blowing agent is pentane or hexane or                  
          mixtures thereof.  While Volkert teaches that saturated                     
          hydrocarbons, such as pentane, "possess thermal conductivities              
          which are too high to generate PU rigid foams having the required           
          insulating properties" (column 2, lines 33-35), it would have               
          been obvious for one of ordinary skill in the art to employ                 



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