Appeal No. 1996-3560
Application No. 08/432,560
polymer component. See Hombach, column 5, lines 19-53 and
appellants’ Brief, page 5, lines 27-30 wherein appellants
acknowledge that hydroxy containing polymers of Hombach are
prepared by emulsion polymerization.
A second and different “emulsifier” as used by Hombach
constitutes an isocyanate component containing
(cyclo)aliphatic isocyanate which may be partially reacted
with polyether resulting in a mixture of isocyanate and
isocyanate terminated polyether. This “emulsifier” is mixed
with and modifies preformed hydroxy containing polymer.
However, it is not used in the emulsion polymerization
thereof. See column 5, lines 19-53.
Neither the principal Brief nor the Reply Brief argue that the
polyisocyanate “emulsifier” component of Hombach differs from
that of the claimed subject matter. Rather, appellants’
argument in their Reply Brief is directed to the proposition
that the polyisocyanate dispersions Hombach are the only
emulsifiers specifically disclosed in that reference. 4
Nonetheless, as noted above and admitted by appellants, we
4 Reply Brief, page 2.
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