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. 5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007