Ex Parte Naito et al - Page 2




                               APPEALED SUBJECT MATTER                                
               The subject matter on appeal is directed to a vacuum heat              
          insulating material comprising an open cell polystyrene resin               
          foam core having, inter alia, a content of organic volatile                 
          matter of less than 100 ppm.  See claim 11.  According to page 2,           
          lines 20-30, of the specification:                                          
               [T]he present inventors found that the reason why a                    
               vacuum heat insulating material produced by packing an                 
               open cell foam of a polystyrene resin with a gas                       
               barrier film and evacuating the inside of the film has                 
               a great change in its heat insulating properties with                  
               time is that the foam contains organic volatile matters                
               including styrene derivatives in addition to remaining                 
               blowing agent and this causes a great change in the                    
               degree of vacuum in the vacuum package with time, and                  
               has accomplished the present invention.                                
          The specification describes methods by which a content of organic           
          volatile matters can be lowered to less than 100 ppm.  See the              
          specification, pages 14, 15 and 37.  The specification, at page             
          38, Table 2b-1, also shows that insulating polystyrene resin                
          foams, which have the claimed structural properties, e.g.,                  
          densities and open cell contents, do not necessarily have the               
          claimed organic matter content.  Further details of the appealed            
          subject matter are recited in representative claim 11 which is              
          reproduced below:                                                           
                                                                                     
               11. A vacuum heat insulating material comprising:                      
               an open cell foam core comprising a polystyrene resin foam             
                                          2                                           




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