Appeal No. 2004-0800
Application No. 08/362,547
reacting polyisocyanates with compounds containing at least two
isocyanate-reactive hydrogen atoms in the presence of one or more
C1 to C6 hydrocarbons as the sole blowing agents. Appellants
also do not contest the examiner's factual determination that the
reaction process of Volkert includes claimed components (4) and
(5). Also, while Volkert does not expressly disclose that the
reaction is conducted at an isocyanate index of 200 to 600,
appellants do not take issue with the examiner's rationale that:
Volkert does set forth ranges of variation and
selectivity in choosing the NCO contents for conducting
the reactions of their concern, and, further, sets
forth that it is well known to the ordinary
practitioner in the art that increasing NCO content
values leads to increased isocyanurate contents which
have the known result of increased flame retardance
(see again column 11 lines 32-38), as well as,
increases in heat and sag resistance (an additional art
known effect).
(Page 4 of Answer, second paragraph). It is appellants'
principal contention that "[a]lthough the disclosure of the
Volkert reference is broad enough to encompass only cyclopentane
as the sole blowing agent . . . none of the working examples of
this reference use cyclopentane and/or cyclohexane alone, or any
other hydrocarbon having from 1 to 6 carbon atoms!" (sentence
bridging pages 4 and 5 of Brief). Appellants urge that Volkert
teaches that the blowing agent is preferably used in conjunction
with water. However, it is well settled that in determining
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