Ex parte SCHMALSTIEG et al. - Page 3




          Appeal No. 96-0736                                                          
          Application 07/984,596                                                      


          amount of such diisocyanate in the polyisocyanates to less than             
          0.1% by weight.  Appellants limit the content of free tolylene              
          diisocyanate by preparing the polyisocyanates from tolylene                 
          diisocyanate and a polyhydroxyl polyether having a molecular                
          weight of from about 350 to about 500.                                      
               Appealed claims 1-6, 8, and 9 stand rejected under 35 U.S.C.           
          § 103 as being unpatentable over Schnabel.                                  
               We have thoroughly reviewed the respective positions                   
          advanced by appellants and the examiner.  In so doing, we find              
          that the evidence of record supports a conclusion of non-                   
          obviousness for the claimed subject matter.  Accordingly, we will           
          not sustain the examiner’s rejection.                                       
               Like appellants, Schnabel discloses the preparation of                 
          polyisocyanates by the reaction of a polyhydroxyl polyether and             
          tolylene diisocyanate.  The reference teaches that the polyol               
          reactant has a molecular weight from about 62 to about 7,000,               
          which range encompasses the claimed range of 350-500.  Also,                



          while Schnabel, like appellants, is directed towards preparing              
          polyisocyanates that have a free diisocyanate monomer content of            
          less than 0.1%, Schnabel accomplishes this by co-distilling the             

                                          3                                           





Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007