Ex Parte Clatty - Page 2




               Appeal No. 2004-2293                                                                           Page 2                 
               Application No. 09/876,778                                                                                            


                                                        INTRODUCTION                                                                 
                       Claims 1-7 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over U.S.                            
               Patent 6,180,686 B1 issued to Kurth on January 30, 2001 (Kurth).1  Appellant states that the                          
               claims stand or fall together (Brief, p. 3).  We select claim 1 to represent the issues on appeal.                    
               Claim 1 reads as follows:                                                                                             
                       1.  An isocyanate-reactive component useful for the production of a rigid closed cell                         
               polyurethane foam by a RIM process comprising:                                                                        
                       a)      from 0.5 to 30% by weight, based on total weight of isocyanate-reactive                               
                               component, of a polyol based on vegetable oil, fish oil or oil derived from animal                    
                               fat,                                                                                                  
                       b)      from 5 to 80% by weight, based on total weight of isocyanate-reactive component,                      
                               of an isocyanate-reactive material which is different from a) having a functionality                  
                               of at least 1 and a number average molecular weight of from 400 to 10,000,                            
                       c)      a chain extender or a crosslinking agent,                                                             
                       d)      a blowing agent, and                                                                                  
                       e)      a catalyst.                                                                                           

                       We affirm and in so doing we adopt the Examiner’s well stated findings of fact and                            
               conclusions of law as our own.  We add the following for emphasis.                                                    










                       1The rejection of claims 1-7 under 35 U.S.C. § 102(b) as anticipated by WO 00/234,491 has been                
               withdrawn by the Examiner (Answer, p. 3).                                                                             







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