Appeal No. 2006-1958 5
Application No. 10/268,208
Therefore, this particular limitation is not anticipated by Neuhaus within the context of 35
USC § 102. Nevertheless, the polyether of Neuhaus contains at least two isocyanate
reactive groups. Neuhaus further discloses that these functional groups can be primary or
secondary hydroxyl groups or aliphatically or aromatically bound primary or secondary
amino groups (col. 3, l. 27-36). Accordingly, since Neuhaus contemplates that the
polyether component may contain functional groups other than primary hydroxyl groups,
we would agree with the examiner that it would have been prima facie obvious, within
the purview of 35 USC § 103, to select a polyether containing other than primary
hydroxyl groups, as described by Neuhaus, so that the polyether has 80% or less of
primary hydroxyl groups.
In summary, while some of the limitations recited in claim 1 may not be
identically disclosed in Neuhaus so as to be anticipated under 35 USC § 102, selection of
components satisfying those limitations from among the components disclosed in
Neuhaus is considered to be an obvious matter of routine optimization, within the
purview of 35 USC § 103, absent a showing of any new or unexpected result.
For the foregoing reasons, the decision of the examiner in rejecting claims 1-7
under 35 USC § 103 is affirmed.
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007