Appeal No. 1997-3609
Application No. 08/483,349
least one polyether having at least two isocyanate-reactive
groups. See In re Janakirama-Rao, 317 F.2d 951, 954, 1372
USPQ 893, 896 (CCPA 1963) (in the phrase "consisting
essentially of," the word "essentially" opens the claims to
the inclusion of ingredients which would not materially affect
the basic and novel characteristics of appellant's composition
as defined in the claim); see also In re Herz, 537 F.2d 549,
551-52, 190 USPQ 461, 463 (CCPA 1976).
According to the examiner, Dormish discloses a
polyurethane adhesive comprising a polyisocyanate, a polyol
blend and a polyether as claimed by appellants. However, the
adhesive composition disclosed in Dormish also includes
diamines and triamines not present in the claimed adhesive
composition. See Answer, pp. 2-3. The examiner recognizes
that these amines impart flow or "sag" resistance to the
adhesive of Dormish. See Answer, p. 4; see also col. 1, lines
16-17 (certain diamines and triamines impart sag resistance to
the disclosed polyurethane adhesive); col. 2, line 68; col. 3,
2Claim 1 further recites functionalities, molecular
weights and/or percentages based on weight for each of these
compounds.
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