Ex Parte Naito et al - Page 3



          Appeal No. 2006-0972                                                        
          Application No. 10/380,280                                                  

          having an open cell content of at least 90%, a density of 0.03-             
          0.4 g/cm3 and a cell diameter in the direction of the thickness             
          of said foam of less than 400µm, said polystyrene resin foam                
          having a content of organic volatile matter of less than 100ppm,            
          said organic volatile matter having a boiling point of not higher           
          than 160°C under ambient pressure; and                                      
               a barrier film covering said open cell foam core in an                 
          evacuated state;                                                            
               wherein said vacuum heat insulating material is produced by            
          covering said open cell foam core with the gas barrier film, and            
          evacuating the interior of the gas barrier film.                            
                                      PRIOR ART                                       
               The sole prior art reference relied upon by the examiner in            
          support the Section 102/103 rejection before us is:                         
          Shmidt et al (Shmidt)  5,674,916   Oct. 7, 1997                             
                                                                                     
                                      REJECTION                                       
          Claims 2 through 5, 8 and 11 stand rejected under 35 U.S.C.                 
          § 102(b) as anticipated by, or in the alternative under 35 U.S.C.           
          § 103(a) as unpatentable over, the disclosure of Shmidt.                    
                                       OPINION                                        
               We have carefully reviewed the claims, specification and               
          prior art, including all of the arguments advanced by both the              
          examiner and the appellants in support of their respective                  
          positions.  This review has led us to conclude that the                     

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