Ex Parte MATIJEGA - Page 2




              Appeal No. 2001-0826                                                                        2               
              Application No. 09/064,486                                                                                  

              in the absence of a polyol having a hydroxyl functionality greater than three.  Additional                  
              limitations are provided in the following illustrative claim.                                               
                                                      THE CLAIM                                                           

              Claim 1 is illustrative of appellants’ invention and is reproduced below:                                   

                            1.   A method for forming a polyurethane foam comprising: contacting a                        
                     first reactant comprised of a polyisocyanate having an average isocyanate                            
                     functionality of at least 2 and a second reactant comprised of a low molecular                       
                     weight compound that has at least two to, at most, three groups containing an                        
                     active hydrogen in the presence of water for a time sufficient to form a substantially               
                     rigid foam, provided the foam is formed essentially in the absence of a cross-linking                
                     polyol having a hydroxyl functionality greater than 3.                                               
                                            THE REFERENCE OF RECORD                                                       
                     As evidence of anticipation, the examiner relies upon the following reference:                       
              Gott et al. (Gott)                                   5,234,965                            Aug. 10, 1993     
                                                                                                                         
                                                   THE REJECTION                                                          
                     Claims 1 through 24 stand rejected under 35 U.S.C. § 102(b) as being anticipated                     
              by Gott.                                                                                                    
                                                    OPINION                                                               

              We have carefully considered all of the arguments advanced by the appellant and the                         
              examiner, and agree with the appellant for the reasons set forth in the Brief and those                     
              herein that the rejection of record is not well founded.  Accordingly, we reverse the                       
              rejection.                                                                                                  









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