Ex Parte Wheeler et al - Page 2


          Appeal No. 2003-0820                                                        
          Application No. 09/789,989                                                  

          blowing agent in which an A-side containing isocyanate is mixed             
          with a B-side containing polyol.  Further details of this                   
          appealed subject matter are recited in representative claim 1               
          reproduced below:                                                           
                    1.  In a process for preparing water-blown                        
               polyurethane foam using a gaseous co-blowing agent in                  
               which an A-side containing isocyanate is mixed with a                  
               B-side containing polyol, the improvement which                        
               comprises conducting such mixing at a pressure of no                   
               more than about 1,300 psig.                                            
               The examiner relies on the following prior art references              
          as evidence of unpatentability:                                             
          De Vos et al.            5,444,101           Aug. 22, 1995                  
               (De Vos)                                                               
          Valoppi                 5,700,843           Dec. 23, 1997                  
               Claims 1 through 4 on appeal stand rejected under 35 U.S.C.            
          § 102(b) as anticipated by Valoppi or De Vos.  (Examiner’s                  
          answer mailed Jun. 5, 2002, paper 10, pages 3-4.)                           
               We affirm.  Because we are in complete agreement with the              
          examiner, we incorporate the examiner’s analyses as our own and             
          add the following comments primarily for emphasis.1                         
               The examiner found that Valoppi and De Vos independently               
          describe processes for preparing water-blown polyurethane foam              

                                                                                     
               1  The appellants submit: “For purposes of this appeal,                
          [c]laims 1-4 stand or fall together...”  (Appeal brief filed                
          Mar. 6, 2002, paper 8, p. 5)  We therefore limit our discussion             
          to claim 1.  37 CFR § 1.192(c)(7)(1995).                                    

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