Appeal 2007-3673
Application 10/365,189
Appellants’ claimed invention is directed to a thermoplastically
processable polyurethane molding material comprising a mixture of at least
one first thermoplastic polyurethane defining a component A and at least one
second thermoplastic polyurethane defining a component B.
Appealed claims 1-9 stand rejected as unpatentable under 35 U.S.C.
§ 103(a) as follows:
(i) claims 1-3, 6, 7, and 9 over Muehlfeld1
(ii) claims 1 and 3-9 over Kaufhold ‘638; and
(iii) claims 1, 3, and 6-9 over Kaufhold ‘389.
We have thoroughly reviewed each of Appellants’ arguments for
patentability. However, we are in full agreement with the Examiner that the
claimed subject matter is unpatentable over the cited prior art. Accordingly,
we will sustain the Examiner’s rejections for the reasons set forth in the
present record, and we add the following for emphasis only.
The Examiner properly found that Muehlfeld, Kaufhold ‘638, and
Kaufhold ‘389 each exemplify thermoplastic polyurethane that corresponds
to component A and component B for use in molding compositions.
Muehlfeld, Kaufhold ‘638, and Kaufhold ‘389 each fails to expressly teach a
mixture of the described thermoplastic polyurethanes that correspond to
1 The Examiner has recognized that Appellants have inadvertently excluded
claimed 2 from this stated rejection (Answer 2 and 3). Appellants have not
disputed the Examiner's position in a responsive Brief. We will treat the
subject matter of claim 2 as standing or falling with independent claim 1
because Appellants have not argued the patentability of the remaining
dependent claims separately from the independent claims.
3
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