Appeal No. 2000-1267 Page 2
Application No. 08/843274
BACKGROUND
The appellants’ invention relates to a method of enhancing the mixing of foam
precursors in foamed-in-place precursor systems. An understanding of the invention can
be derived from a reading of exemplary claim 1, which appears in the amendment filed on
May 3, 1999 (Paper No. 8).1
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Fitts 3,419,134 Dec. 31, 1968
Inoue et al. (Inoue) 3,722,833 Mar. 27, 1973
Claims 1-15 stand rejected under 35 U.S.C. § 103 as being unpatentable over Fitts
in view of Inoue.
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellants regarding the above-noted rejections, we make reference to the Answer (Paper
No. 13) and the final rejection (Paper No. 9) for the examiner's complete reasoning in
support of the rejections, and to the Brief (Paper No. 12) for the appellants’ arguments
thereagainst.
1The Brief failed to include an appendix containing a clean copy of the claims being
appealed, as is required by 37 CFR § 1.192(c)(9), a deficiency which was noted by the
examiner but did not cause him to challenge the Brief on the grounds that it was defective.
Therefore, one must look to Paper No. 8 for claims 1-3, 5, 6, 10 and 12, and to the
application as originally filed for claims 4, 7-9, 11 and 13-15.
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007