Appeal No. 1998-3229 Page 6
Application No. 08/575,976
molecular weight and actual functionality within appellant’s
claimed range from the polyols disclosed by Hostettler but
also use the polyisocyanate reactant and reaction conditions
so as to form the prepolymer with a free NCO group content of
from about 6 to about 16. Here, the examiner has not pointed
to any portion of the applied reference that specifical1y
describes a prepolymer having a free NCO group content of from
about 6 to about 16 that was prepared by reacting a
polyisocyanate with a poly(oxyethyleneoxypropylene)diol having
both a number average molecular weight and actual
functionality within appellant’s claimed range. While it may 1
have been obvious to one of ordinary skill in the art to
select a higher molecular weight polyol as taught by
Hostettler and choose reaction conditions to form the
prepolymer with a NCO content within appellant’s claimed range
therefrom given the NCO content exemplified in example 11 of
Hostettler, a claim is not anticipated by a reference when
1We note that while the prepolymer of example 11 of
Hostettler has a reported NCO content of 15.1%, the polyol
employed (NIAX Polyol E-351) has a reported molecular weight
of about 2800, which the examiner has not established to be
within the claimed range of 3,000 Da to about 10,000 Da.
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