Appeal No. 2001-0826 3
Application No. 09/064,486
THE REJECTION UNDER SECTION 102(b)
In order for a claimed invention to be anticipated under 35 U.S.C. § 102(b), all of
the elements of the claim must be found in one reference. See Scripps Clinic & Research
Found. v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed. Cir.
1991).
It is the examiner’s position that “anticipation is held evident for all claims 1-24.”
See Answer, page 4. We disagree.
We find that Gott is directed to a process for the preparation of a flexible, semi-
flexible or rigid polyurethane foam. See column 1, lines 6-8. The foam is prepared by
reacting an organic polyisocyanate, a polyhydric compound and a blowing agent among
other components. See column 2, lines 5-14. We find that isocyanate compounds within
the scope of the claimed matter are disclosed at column 2, line 29 to column 3, line 5.
We find that the polyhydric component is disclosed at column 3, line 6 to column 4, line
58. The component includes compounds having a molecular weight of from 200 to
3,000 and has a functionality of 2 to 8 hydroxyl groups. See column 3, lines 6-15. We
find that suitable polyhydric compounds are disclosed at column 4, lines 39-58. They are
however, disclosed only with respect to hydroxyl number and we cannot ascertain either
their molecular weight or their functionality. Accordingly, we cannot conclude that they
fall within the scope of the claimed subject matter as being a low molecular compound.
Based upon the above findings, we conclude that in order to arrive at the claimed
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