Ex Parte Thiele et al - Page 11



          Appeal No. 2006-0916                                                        
          Application No. 10/345,711                                                  

          polyisocyanate are sprayed, scattered, spread-coated or rolled              
          onto the particulates.                                                      
          Claim 28                                                                    
               Claim 28 further limits claim 20 by reciting that “the mold            
          is a pressure tight mold” (intervening claim 22), “the forming              
          and reacting are carried out at a temperature of from 10ºC to               
          30ºC” (intervening claim 25), and “the pressure is from 50 Kg/cm2           
          to 100 Kg/cm2” (claim 28).                                                  
               As noted above, Markusch teaches that the processing                   
          temperature is preferably between 5ºC and 150ºC and that the                
          materials may be molded under pressure at temperatures from room            
          temperature up to about 200ºC.  (Column 14, lines 53-64.)  Given            
          these teachings, it is our judgment that one of ordinary skill              
          in the art would have found the requisite motivation,                       
          suggestion, or teaching to arrive at optimum or workable ranges             
          of pressures and temperatures.  In re Peterson, 315 F.3d 1325,              
          1330, 65 USPQ2d 1379, 1382 (Fed. Cir. 2003)(“The normal desire              
          of scientists or artisans to improve upon what is generally                 
          known provides the motivation to determine where in a disclosed             
          set of percentage ranges is the optimum combination of                      
          percentages.”); In re Boesch, 617 F.2d 272, 276, 205 USPQ 215,              
          219 (CCPA 1980)(“[D]iscovery of an optimum value of a result                

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