Appeal No. 96-1641
Application No. 08/225,036
motivation for the presence of more than 50% by weight of
polyphenyl polymethylene polyisocyanate. Horacek at column 2,
lines 1-2, and claim 1 provides for the presence of, “0 to
about 50 weight percent polyphenyl polymethylene
polyisocyanate(s).” This language suggests an amount of
polyphenyl polymethylene polyisocyanate in excess of 50 weight
percent. We find no reason to believe on the record before us
that a composition having 54 weight percent polyphenyl
polymethylene polyisocyanate would not have the same
properties as a composition having 50 weight percent of the
identical component. The proportions are so close that the
person having ordinary skill in the art would have expected
them to have the same properties. See Titanium Metals
Corporation of America v. Banner, 778 F.2d 775, 783, 227 USPQ
773, 779 (Fed. Cir. 1985). Accordingly, we affirm the
examiner as to the rejection of claims 2, 3, 4, 7, 8, 10 and
11.
We likewise affirm the rejection of claim 5. Claim 5
requires the presence of a polyol having 2 to 4 hydroxy groups
and a molecular weight of from about 500 to about 5000. These
limitation are encompassed by the teachings of Horacek at
11
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