Appeal No. 1998-1768
Application No. 08/403,826
also after drying the foam structure is substantially
maintained" (paragraph 3).
Appellants submit at page 2 of the principal brief that
"[t]he claims on appeal can be grouped as one." Accordingly,
all the appealed claims stand or fall together with claim 1.
Appealed claims 1-14 stand rejected under 35 U.S.C.
§ 102(b) as anticipated by or, in the alternative, under
35 U.S.C. § 103 as being unpatentable over either Bocks,
Reischl or Orr.
Upon careful consideration of the opposing arguments
presented on appeal, we will sustain the examiner's rejection
of the appealed claims to the extent it is based upon the
disclosure of Bocks. We will not sustain the examiner's
rejections based upon Reischl or Orr.
Considering first the rejection over Bocks, Bocks
discloses a foam comprising an aqueous phase containing a
curable ionomeric polyurethane comprising polyesterether units
and a foam-stabilizer. While appellants contend that Bocks
discloses polyester urethanes, "unlike the polyether- or
polyesterether-containing polyurethanes characterizing the
foams of the present invention" (page 3 of principal brief),
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