Appeal No. 1998-3229 Page 7
Application No. 08/575,976
such independent picking and choosing is required to arrive at
the claimed invention. See Arkley, 455 F.2d at 587, 172 USPQ
at 526. Accordingly, we reverse the rejections under 35
U.S.C. § 102.
OTHER ISSUES
In light of the above discussion, we remand the
application to the examiner to consider whether or not
Hostettler alone or in combination with any other prior art,
such as the admitted prior art set forth at pages 4 and 5 of
appellant’s specification would have rendered any or all of
the claimed subject matter obvious within the meaning of 35
U.S.C. § 103. We note, for example, that the Smith et al.
article (Smith) referred to at page 5 of the specification
describes the formation of poly(propylene oxide) diols having
high molecular weights, such as 4,000, with an actual
functionality of 1.95 (Table 1). Those diols are taught by
Smith as being useful in forming polyurethane elastomer
products.
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