Appeal No. 96-3821
Application No. 08/122,264
pointing out and distinctly claiming the subject matter which
the appellants regard as their invention.
In our original decision (Paper No. 21), we agreed with
the examiner's conclusion that claim 1 is indefinite under
35 U.S.C. § 112, second paragraph, in view of these
recitations: (1) 10 to 30 mole % of at least one higher
alcohol selected from the group consisting essentially of
trimethylolpropane, glycerol, pentaerythritol, and mixtures of
these polyols; (2) polyether polyols with an average molecular
weight of 400 to 1500; and (3) the isocyanate group containing
prepolymer (B) is substantially free of urea and groups. In
the "Request for Reconsideration" (hereinafter Request for
Rehearing, Paper No. 22), appellants do not argue that we
erred with respect to recitations (1) and (3). Appellants'
request does not extend to recitations (1) and (3). Rather,
appellants request rehearing only to the extent that we agreed
with the examiner's conclusion that claim 1 is indefinite in
view of recitation (2).
Appellants argue that a person having ordinary skill in
the art would readily understand that "polyether polyols with
an average molecular weight of 400 to 1500" refers to
-2-
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