Appeal No. 2005-0528 Page 11
Application No. 10/178,143
with
(2) at least one isocyanate;
in the presence of
(3) optionally, at least one catalyst;
(4) water; and
(5) optionally, at least one additive or auxiliary agent
wherein the low density water-blown rigid polyurethane foam produced has a
closed cell content of at least 80%.
According to the Examiner, Answer pages 3 and 4, Dietrich discloses a process for
preparing low density water-blown rigid polyurethane foam which renders obvious the use of all
of the components specified by the subject matter of claim 6. The Examiner asserts that Dietrich
differs from the claimed invention in that the low density water-blown rigid polyurethane foam
produced is not described as having a closed cell content of at least 80%. (Answer, p. 4).
The evidence cited by the Examiner supports the position that a person of ordinary skill
in the art preforming the process of Dietrich, employing the components described by the
examiner, to produce a rigid polyurethane foam would have been practicing the claimed
invention including having a closed cell content of at least 80%. Mehl/Biophile Int'l Corp. v.
Milgraum, 192 F.3d 1362, 1366, 52 USPQ2d 1303, 1307 (Fed. Cir. 1999) (“Where, as here, the
result is a necessary consequence of what was deliberately intended, it is of no import that the
article's authors did not appreciate the results.”); In re Woodruff, 919 F.2d 1575, 1578, 16
USPQ2d 1934, 1936 (Fed. Cir. 1990). Appellants have not identified where in the present
record there is evidence that the claimed process requires additional unnamed components to
produce a polyurethane foam having a closed cell content of at least 80%.
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