Appeal No. 1998-3145
Application 08/432,285
1051, 189 USPQ 143, 147 (CCPA 1976). The mere fact that the
prior art could be modified as proposed by the examiner is not
sufficient to establish a prima facie case of obviousness.
See In re Fritch, 972 F.2d 1260, 1266, 23 USPQ2d 1780, 1783
(Fed. Cir. 1992).
Windemuth teaches that his process produces allophanate
polyisocyanates containing at least one aromatically bound
isocyanate group and that the polyisocyanates so produced have
the property of being free of secondary products having
isocyanurate structures (col. 1, lines 15-23). The examiner
does not explain why one of ordinary skill in the art would
have expected the absence of secondary products having
isocyanurate
structures to be obtained if the polyisocyanate did not have
at least one aromatically bound isocyanate group, or why one
of ordinary skill in the art would have been led by the
references themselves to modify Windemuth’s process such that
the composition produced has no aromatically bound isocyanate
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