Appeal No. 94-3371
Application 07/986,878
all of the claims remaining in the application. We affirm-in- 2
part.
The Claimed Subject Matter
The claims on appeal are directed to a process for the
separation and recovery of isocyanate monomers. Claim 73 is
illustrative of the claimed subject matter:
73. A process for the separation and recovery of
isocyanate monomers from isocyanate concentrates formed
in the production of isocyanates and comprising a
volatile isocyanate monomer and by-products which
comprises the steps of:
(A) preparing a mixture comprising
(A-1) the isocyanate concentrate; and
(A-2) an oil solution comprising:
(A-2-a) a major amount of hydrocarbon oil,
and
(A-2-b) a minor amount of at least one
dispersant selected from the group consisting of (1) a
carboxylic dispersant prepared by reacting a
2Appellants have included new claims 74-77 in Appendix A of their Brief
along with rejected claims 2-7, 9-17 and 73. Appellants state on page 1 of
their Brief that “[c]laims 74-77 have been submitted with the Amendment After
Final” which was filed concurrently with the Brief. Appellants were notified
via the Examiner’s Answer that the claims had not been entered. In the Reply
Brief, appellants noted that the examiner’s refusal to enter the new claims
and requested that the new claims be entered. The examiner’s refusal to enter
claims is a petitionable matter, and not reviewable by the Board Patent
Appeals and Interferences. See 37 CFR 1.181(a)(3) and Sections 706.01 and
1002.02(c)(4) of the Manual of Patent Examining Procedure, 6th Edition, Rev.
July 1996. Accordingly, claims 74-77 are not before us for consideration.
2
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