Ex Parte Buszard et al - Page 6



          Appeal No. 2006-1120                                                        
          Application No. 10/429,429                                                  

               Thus, it is our perception that the appellants' claimed                
          reaction mixture includes any reaction mixture which produces, at           
          least ultimately, a flexible polyurethane foam.  It follows that            
          the claim feature under consideration includes Eling's reaction             
          mixture.  Moreover, contrary to the appellants' contention in               
          their Brief and Reply Brief, this claim interpretation is not               
          inconsistent with the subject specification.                                
               For example, the specification discloses in the last full              
          sentence on page 7 that "[t]he flexible polyurethane foam                   
          compositions . . . according to the present invention include all           
          well known, industrial compositions" (emphasis added).  Use of              
          the term "all" supports the proposition that the aforementioned             
          industrial compositions include the compositions of Eling.                  
          Additionally, in the sentence bridging pages 7 and 8 of the                 
          specification, the appellants disclose that "flexible                       
          polyurethane foam compositions can be made according to the                 
          present invention by reacting an isocyanate with a polyol in                
          the presence of a foam-forming agent and a blend of tetra-                  
          halophthalate esters and phosphorus-containing flame retardant              
          additives."  Because these enumerated ingredients correspond                
          fully to those taught by Eling, the claim interpretation                    


                                         -6-                                          



Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007