Ex parte HAIDER et al. - Page 7




          Appeal No. 96-1641                                                          
          Application No. 08/225,036                                                  


          the isocyanate content required by Watts.  We conclude that                 
          appellants’ argument is again not well founded.                             


                                The Horacek reference                                 
               We next turn to the rejection of claims 1 and 13 as                    
          anticipated by Horacek under 35 U.S.C. § 102(b).  We will                   
          sustain the rejection of claims 1 and 13.  We adopt the                     
          findings of the examiner in the Answer that each of the                     
          required components are taught by Horacek.  We add our own                  
          comments for emphasis.                                                      
               Appellants have argued in their Reply Brief, at p. 3,                  
          that the binder composition of Horacek is distinguished based               
          upon their own composition being primarily polyphenyl                       
          polymethylene polyisocyanate as contrasted with the optional                
          presence of the same component in Horacek.  A comparison of                 
          claims 1 and 13 with the teachings of Horacek does not support              
          appellants’ contentions.  Claim 1 requires the presence of                  
          "from about 50 to about 60% by weight," of polyphenyl                       
          polymethylene polyisocyanate.  Horacek specifically teaches in              
          column 2, lines 1 to 3 and claim 1, line 17, "about 50 weight               
          percent polyphenyl polymethylene polyisocyanate," meeting the               
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