Appeal No. 2006-0916
Application No. 10/345,711
describing Example 1 where cement and building sand are used in
lieu of wood particles as the “inorganic and/or organic
particulates and/or fibrous material,” Markusch teaches that
polyisocyanate is added to a mixture of the “inorganic and/or
organic particulates and/or fibrous material” and the auxiliary
substance.
Because Markusch suggests that the components could be
premixed without any limitation as to the order of addition, one
of ordinary skill in the art would have reasonably expected that
the addition of polyisocyanate to a mixture of “inorganic and/or
organic particulates and/or fibrous material” and the auxiliary
substance would work equally well. Hence, we agree with the
examiner’s conclusion that one of ordinary skill in the art
would have found the requisite motivation, suggestion, or
teaching in Markusch to modify the process of Example 56 so as
to arrive at the subject matter of appealed claim 20. While one
of ordinary skill in the art would have reasonably expected that
the delayed introduction of polyisocyanate would substantially
prevent the premature reaction between the isocyanate (NCO) and
hydroxyl (OH) groups during mixing, we note that appealed claim
20 contains no limitations on the durations of steps b) and c).
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