Appeal No. 2006-2817 Page 2
Application No. 10/734,979
durable urethane bonds, they are resistant to degradation and other environmental
factors. Id. Typically, the compositions are applied to substrates, such as automobile
parts, by spraying. Id., ¶ 23. Waste from the process, including unreacted
triisocyanates, is discharged into the sewage system which “then finds its way into
natural waterways.” Id., ¶ 3.
According to the specification, the commercially available triisocyanate is not
used industrially because it is toxic to aquatic life and cannot be safely released into the
sewage system. Id., ¶ 3. For this reason, its use has been restricted by the U.S.
Environmental Protection Agency (EPA) and has not been used in the automobile
industry in the United States. Id. The application described describes melamine
triisocyanates which “have both an increased removal rate by sewage treatment and a
reduced aquatic toxicity,” and thus can be expelled into sewers without the risk of
harming aquatic life. Id., ¶ 5.
Discussion
Claim construction
Claims 1-14 are on appeal. Claim 4 has been separately argued, and thus does
not stand or fall together with claims 1-3 and 5-14. We select claim 1 as representative.
Claims 1 and 4 read as follows:
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