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 3Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007