Ex parte CHEONG - Page 2




          Appeal No. 1998-3144                                                        
          Application No. 08/436,688                                                  




               The present application is a division of U.S. Serial No.               
          07/971,488, filed 11/4/92.  An appeal was taken to this Board               
          in the parent application (Appeal No. 1995-2202).  The present              
          and prior appeals involve different issues regarding the                    
          subject matter claimed and the prior art applied by the                     
          examiner.                                                                   
               Appellant's now claimed invention is directed to a method              
          of forming a polyurethane foam that is suitable for a wound-                
          contacting layer.  The polyurethane is formed by mixing one                 
          part by weight of an isocyanate-capped prepolymer and 0.012 to              
          0.21 parts by weight of a solid rubber latex in addition to                 
          water.                                                                      
               Appealed claims 6, 8, 10 and 12 stand rejected under 35                
          U.S.C. § 103 as being unpatentable over Wood or Arnason.                    
               Upon careful consideration of the opposing arguments                   
          presented on appeal, we concur with the appellant that the                  
          examiner's rejection is not sustainable.                                    
               The examiner appreciates that neither Wood nor Arnason                 
          discloses forming a polyurethane foam by mixing the relative                
          amounts of isocyanate-prepolymer and solid rubber latex, i.e.,              
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