Appeal 2006-3071
Application 09/811,987
a diisocyanate with a polyhydric alcohol having three or more hydroxyl
groups in “preferred ratios of initial hydroxyl groups to initial isocyanate
groups” so as to arrive at prepolymers molecules each having a single
hydroxyl functionality and at least two free isocyanate groups as specified
for addition product (A) in claim 1 (Answer 3-4).
With respect to the ground of rejection under § 102(b), Appellants
submit that the process described by Bauriedel requires a diisocyanate which
must be reacted with a “(b1) compound” having at least three isocyanate
reactive groups in order to arrive at addition product (A) as claimed (Br. 10-
11). Appellants point out that the Bauriedel Examples involve reacting a
diisocyanate with a dihydric alcohol which would not produce claimed
addition product (A). Appellants contend that Bauriedel would not have
taught a first prepolymer corresponding to addition product (A), contending
that at col. 2, ll. 12-19,
it is stated that the first stage of the process is a reaction between a
diisocyanate having isocyanates of different reactivities [sic] and a
polyhydric alcohol at a OH:NCO ratio of 0.55-4:1 “until virtually
all of the faster-reacting of the two isocyanate moieties have been
reacted with OH moieties, forming a first stage prepolymer having
a substantial number of free OH moieties attached through the
alcohol nucleus.” [Br. 11, original emphasis deleted.]
In this respect, Appellants also point to the disclosure in Bauriedel at col. 3,
ll. 38-46, col. 2, ll. 60-64, col. 4, l. 68, to col. 5, l. 4, col. 2, ll. 60-64, col. 4,
l. 68, to col. 5, l. 4, arguing that “[i]t is hard to rationalize why this similar
language should be treated by the Examiner as alternatively referring to the
product versus to the reaction mass or product composition” (Br. 11-12).
Thus, Appellants submit that the method of Bauriedel results either in
a first stage prepolymer having an isocyanate group and a hydroxyl group or
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