Appeal No. 1999-1951 8
Application No. 08/797,062
One of the references cited in the specification states that, “[w]ithout wishing to
be bound by any particular theory, it is speculated by the present inventor that
unsaturated end groups result in monofunctional species that act as chain stoppers in
elastomer formation. In polyol synthesis with KOH catalysis the unsaturation formed
increases as a direct function of equivalent weight. Eventually conditions are established
wherein further propylene oxide addition fails to increase the molecular weight.” See
Reisch (U.S. Patent No. 4,985,491, issued Jan. 15, 1991) column 2, line 67 to column
3, line 7, cited by appellant in the specification at page 5, line 20. In as much as the
polyol of polytetramethylene oxide has a hydroxy equivalent weight of 3,000, it would
appear that the proportion of unsaturation could be within the limits established by the
claimed subject matter.
On the record before us however, there is insufficient evidence to support this
position. Accordingly, although Li otherwise meets each of the limitations of claim 40
and indeed claim 1 to which it has not been applied, in the absence of evidence meeting
the requirement of “having an end group unsaturation level of no greater than 0.04
milliequivalent per gram of polyether polyol,” as required by the claimed subject matter,
the examiner has failed to establish a prima facie case of obviousness with respect to the
claimed subject matter.
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