Ex parte HELBER et al. - Page 3




          Appeal No. 1998-1768                                                        
          Application No. 08/403,826                                                  


               1.  Aqueous, spray-resistant foam (S) produced by                      
          mechanical foaming of a corresponding aqueous composition (W),              
          wherein the aqueous phase comprises                                         
               (A) a curable polymer system, which consists of 30 to                  
                    100% by weight of (U) an ionomeric polyurethane                   
                    containing polyether and/or polyesterether chains or              
                    a mixture of said ionomeric polyurethanes                         
                    and optionally                                                    
                    (P) one or more further polymers curable at least                 
                    together with (U),                                                
          and       (B) at least one foam-stabilizer                                  
                    and the liter-weight of (S) at 20EC and normal                    
                    pressure is in the range of 400 to 700 g.                         
               In the rejection of the appealed claims, the examiner                  
          relies upon the following references:                                       
          Bocks et al. (Bocks)               4,029,534        Jun. 14, 1977           
          Reischl et al. (Reischl)           4,184,990        Jan. 22, 1980           
          Orr et al. (Orr)                   4,690,953        Sep.  1, 1987           
               Appellants' claimed invention is directed to an aqueous,               
          spray-resistant foam wherein the aqueous phase comprises an                 
          ionomeric polyurethane containing polyether and/or                          
          polyesterether chains and a foam-stabilizer.  According to                  
          page 1 of the present specification, the foam of the present                
          invention "can be applied in the form of foam even with                     
          conventional spray-apparatuses (in particular spray-guns) and               

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