Ex Parte Wheeler et al - Page 4


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

          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.”  As pointed out by the examiner (answer, page 4), each               
          reference discloses a process in which an isocyanate-containing             
          component and a polyol-containing component are mixed at ambient            
          conditions.  Thus, each reference describes every limitation of             
          appealed claim 1.                                                           
               The appellants’ remark concerning the selection of a                   
          “critical upper pressure range to achieve improved water-blown              
          foams when using gaseous blowing agents” is unavailing because              
          the recited pressure range of “no more than about 1300 psig”                
          reads on the ambient pressure condition disclosed in the                    
          references.                                                                 
               For these reasons and those set forth in the answer, we                
          affirm the examiner’s rejections under 35 U.S.C. § 102(b) of                
          appealed claims 1 through 4 as anticipated by Valoppi or De Vos.            
               The decision of the examiner is affirmed.                              








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