Appeal 2006-2589
Application 10/618,499
Appellants’ invention relates to an article having a
lignocellulosic material impregnated with a polyisocyanate material.
An understanding of Appellants’ invention can be gleaned from
independent claim 41 which appears below:
41. An article comprising a lignocellulosic substrate
impregnated with a polyisocyanate material,
wherein the impregnated lignocellulosic substrate
comprises a smooth, low-gloss surface,
and
wherein the substrate comprises a moisture content that is
about 0.1 to less than 2% by weight after the substrate is
dried and before the substrate is impregnated with the
polyisocyanate material.
The Examiner relies on the following references in rejecting
the appealed subject matter:
Diehr US 3,870,665 Mar. 11, 1975
Mente US 6,458,238 B1 Oct. 1, 2002
I. Claims 1-15, 17-34, 37-39, and 41 stand rejected under
35 U.S.C. § 112, first paragraph, as containing subject matter which
was not described in the original specification in such a way as to
enable one skilled in the art to make and/or use the invention.
The issue presented is: Whether the Examiner has established
that the subject matter of claims 41 meets the written description
requirement of 35 U.S.C. § 112, first paragraph? We answer this
question in the negative.
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