Appeal No. 1998-3187
Application No. 08/130,517
f) an auxiliary blowing agent; and
g) an amine catalyst.
The examiner relies upon the following references as
evidence of obviousness:1
Hager (Hager '908) 5,011,908 Apr. 30, 1991
Hager (Hager '759) 5,171,759 Dec. 15, 1992
Appellants' claimed invention is directed to a flexible
polyurethane foam formed by a process comprising reacting the
recited components. According to page 1 of the present
specification, appellants' polyurethane foam has "the feel and
comfort properties of latex foam and . . . is suitable for
cushioning because of its unique softness" (paragraph one).
All the appealed claims stand rejected under 35 U.S.C. § 103
as being unpatentable over Hager '908 or Hager '759.
We have thoroughly reviewed the respective positions
advanced by appellants and the examiner. In so doing, we concur
with the examiner that the subject matter of claims 25-28 and 32
would have been obvious to one of ordinary skill in the art
within the meaning of 35 U.S.C. § 103. Accordingly, we will
1 Both references constitute the same disclosure inasmuch as
Hager '759 is a divisional of Hager '908. All references to
Hager in this decision will be to Hager '908.
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