Appeal 2006-2270
Application 10/478,569
INTRODUCTION
The claims are directed to polyurethane and/or polyisocyanurate rigid
insulation foam products made using expandable microspheres of specified
unexpanded diameter size range(s) and specified amounts together with
specified amounts of polyol, isocyanate, and other ingredients that may
include blowing agents, and to a method of making such products. Claim 1
is illustrative and reproduced below:
1. A polyurethane and/or polyisocyanurate rigid insulation foam made
using expandable microspheres which encapsulate a primary blowing agent
such that the microspheres are expanded during foam making to function as
a blowing agent by mixing:
160 to 310 PBW expandable microspheres having an encapsulated
blowing agent and an average unexpanded diameter less than 50 microns;
191 to 500 PBW isocyanate;
75 to 125 PBW polyol; and
14 to 201 PBW other ingredients with less than 2% by weight of non-
encapsulated blowing agents.
The Examiner relies on the following prior art reference2 to show
unpatentability:
2 Exhibit “C” Expancel, Inc., website printout describing Expancel DU and
Expancel WU microspheres is cited by the Examiner in the Answer but is
not part of the evidence relied upon in the rejection before us in that the
Examiner has not fairly identified that document as relied upon prior art in
the rejection before us. See Error! Main Document Only.In re Hoch, 428
F.2d 1341, 1342, n.3, 166 USPQ 406, 407, n.3 (C.C.P.A. 1970). In this
regard, we note that Exhibit C has not been established as a document that is
2
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