Ex parte MUNZMAY et al. - Page 5




          Appeal No. 96-3862                                                          
          Application No. 08/189,861                                                  


          products are suitable for use in preparing new foams and                    
          teaches that the obtainment of a single layer liquid product                
          indicates that "preferred reaction conditions are being                     
          employed" (column 3, lines 7-38).                                           
               Appellants urge that the claimed process is                            
          differentiated from the method of Braslaw in that neither of                
          the alternatively claimed second lower temperature processing               
          steps are taught by the applied patent (brief, page 3).                     
               According to the examiner (answer, pages 3 and 4),                     
          Braslaw does teach the method defined by representative claim               
          1, including the second reaction step thereof.  In the                      
          examiner's view, the method step required by the claimed                    
          alternative second reaction step of "stirring at a temperature              
          of from about 50 to about 180°C but below the temperature at                
          which 1. was carried out" is anticipated by Braslaw's "second"              
          step.  In this regard, the examiner applies Braslaw's step of               
          passing a product from the higher temperature dissolution step              
          through a rotating film evaporator maintained at 130°C as                   
          teaching appellants' claimed alternative second step (a)                    
          (answer, pages 4 and 6).  Based on the present record, we find              
          ourselves in agreement with the examiner.                                   
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