Appeal No. 20006-0324
Application No. 10/095,154
polyether polyols are specified as having a number average molecular weight of 600 to
5,000 g/mol (page 4). Mixtures of chain extenders are disclosed on page 10.1
We also note that the Kaufhold compositions are disclosed as having an NCO
index of 95 to 105 (page 3), as do appellants’ claimed compositions. In addition, the
Kaufhold compositions are said to have a Shore A hardness of 75 to 84 and a softening
temperature greater than 100ēC, or a Shore A hardness of 85 to 98 and a softening
temperature greater than 130ēC (page 2). Thus, there is an extensive overlap, relative
to the hardness parameter, as between the compositions disclosed in Kaufhold and
those claimed by appellants.
Especially in view of the foregoing, we are of the opinion that it would have been
prima facie obvious, within the purview of 35 U.S.C. § 103, to utilize the polyether
polyols disclosed in Smith as the primary polyol component in the Kaufhold formulations
in order to obtain a soft TPU polymer as suggested by Smith.
Appellants rely upon the comparative data presented on pages 11-12 of their
specification to demonstrate unexpected results. According to appellants, the reported
data demonstrate that a TPU polymer with lower mechanical strength (e.g. tear
strengths and elongations), yet exhibiting higher temperature resistance (e.g. melting
1 Cited page numbers refer to the available English translation of Kaufhold.
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