Appeal 2006-2980
Application 10/683,240
inclusion of a quaternary ammonium salt into the process systems of Meisert
or Nissen would have been contrary to the disclosure of Vratsanos (Br. 5).
Appellants’ contentions are not persuasive. A person of ordinary skill
in the art would have recognized that blowing agents are regularly
incorporated into the reaction components utilized in forming elastomeric
polyurethane foams. (See Meisert col. 1, ll. 33-38 and Nissen col. 1, ll. 17-
25). The references cited in the present record establish that a variety of
compounds are known as blowing agents. As stated above, Vratsanos
describes the suitability of employing quaternary ammonium salts as
blowing agent utilized for the preparation of cellular polyurethane
elastomers. Thus, a person of ordinary skill in the art would have reasonably
expected that quaternary ammonium salts could have been incorporated into
the blowing agent of Meisert and Nissen. “For obviousness under § 103, all
that is required is a reasonable expectation of success.” In re O’Farrell, 853
F.2d 894, 904, 7 USPQ2d 1673, 1681 (Fed. Cir. 1988). Appellants have not
directed us to evidence with technical reasoning that establishes a person of
ordinary skill in the art would not have reasonably expected that quaternary
ammonium salts would have been compatible with the reaction components
described in Meisert and Nissen. Appellants have not directed us to
evidence that the utilization of quaternary ammonium salts as a blowing
agent, without changing the other reactive components, in the preparation of
cellular polyurethane elastomers would unexpectedly vary the density of the
resulting product in Meisert and Nissen .
For the reasons set forth above and in the Answer we affirm the
rejection of claims 1-3.
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