Appeal No. 2004-2208
Application No. 10/158,988
pages 3-4.) Seneker, however, teaches the use of
polytetramethylene glycol amounts within the range recited in
the appealed claims.
Separately argued claim 16 is of no help to the appellants.
Like appealed claim 15, the patentability of appealed claim 16
rests on the actual product made, not on the process by which it
is made. In re Thorpe, 777 F.2d at 697, 227 USPQ at 966.
For these reasons, we uphold the examiner’s rejection on
this ground.
Summary
In summary, we reverse the 35 U.S.C. § 112, ¶1, rejection
of appealed claims 1 through 4, 6 through 16, and 18 through 21.
We affirm, however, the rejection of appealed claims 15 through
18, 20, and 21 under 35 U.S.C. § 102(b) as anticipated by or, in
the alternative, under 35 U.S.C. § 103(a) as obvious over
Seneker.
The decision of the examiner is therefore affirmed in part.
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