Appeal No. 2004-2219 Page 5
Application No. 09/927,009
is supported by the disclosure in Graham (Graham, col. 3, ll. 45-46 and 61-62). Appellant fails
to convince us of any error in this finding. The disclosure of concentrations which result in ratios
overlapping those of the claim supports a prima facie case of obviousness.
There is a further dispute over what Graham teaches with regard to the molecular weight
of the polyol used to form the prepolymer. The Examiner finds that Graham teaches using a
polyester polyol with a molecular weight in the range of 2,000-15,000 (Answer, p. 2). This range
overlaps the claimed range of 250-5,000. Appellant acknowledges that Graham discloses using
polyols of molecular weight in the range of 2,000-15,000, but quotes a passage in Graham which,
according to Appellant, points out the inapplicability of the polyols of molecular weight of 3600
(Brief, p. 7). Appellant argues that Graham fails to provide enablement for molecular weights
such as 3600 and thereby teaches away from the lower molecular weights claimed by Appellant
(Brief, p. 7).
Appellant’s conclusion of non-enablement and teaching away is not supported by
Graham. Appellant quotes Graham as stating: “if a lower molecular weight hydroxyl terminated
polyester is used, i.e., one with a molecular weight of 3600 ... the viscosity of the resulting
prepolymer is too high for efficient mixing ...” (Brief, p. 7). Appellant conveniently leaves out a
key phrase, i.e., “in a similar NCO:OH ratio,” in the portion of Graham he quotes and does not
consider the quoted information in the context of the full paragraph. What Graham states is:
The polyester is reacted with a poly or diisocyanate to produce an hydroxy
terminated prepolymer. This step is called the first stage. If the molecular weight
of the polyester is too high, mixing can be difficult and the efficiency of the
mixing at the diisocyanate addition phase becomes critical. It has been found, that
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