Appeal No. 2006-0916
Application No. 10/345,711
merit. Appealed claim 20 contains no limitations on density or
water resistant properties. Nor is there any evidence
establishing that the recited process provides any unexpected
result over the prior art in terms of either of these
properties.
Claim 37
Claim 37 is also a product-by-process claim and depends
from process claim 22, which recites that “the mold is a
pressure tight mold.”
As we discussed above, Markusch teaches that the molding
may be carried out under pressure. The appellants have not
demonstrated that the use of a pressure tight mold (as opposed
to a mold under pressure) results in any unobvious difference.
Claim 38
Claim 38 is also a product-by-process claim and depends
from process claim 25, which recites that “forming and reacting
are carried out at a temperature of from 10ºC to 30ºC.”
Markusch teaches that Example 56 was carried out at room
temperature, which falls within the appellants’ claimed
temperature range.
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