Ex Parte Ehlers et al - Page 3

                Appeal No 2007-0310                                                                             
                Application No 10/260,498                                                                       

                is combined with a polyol prepared in the presence of a basic catalyst, rather                  
                than a basic catalyst itself; it also includes “the proviso that no precipitate is              
                formed by the reaction of the acid with the basic catalyst.”  (Id. at 6.)                       
                                                DISCUSSION                                                      
                1.  CLAIMS                                                                                      
                       Claims 10-13, 25-28, and 67-78 are pending and on appeal.  The                           
                claims subject to each rejection have not been argued separately and                            
                therefore stand or fall together.  37 C.F.R. § 41.37(c)(1)(vii).  We will focus                 
                on claims 10 and 25, which are representative and read as follows:                              
                       10. A process for preparing an ethylene oxide-capped polyol                              
                comprising:                                                                                     
                       a) providing a polyol which has been produced in the presence of a                       
                double metal cyanide (DMC) catalyst;                                                            
                       b) adding a basic catalyst to the DMC-catalyzed polyol to produce a                      
                mixture comprising less than about 0.0375 wt.%, based on the total weight                       
                of the mixture, of the basic catalyst;                                                          
                       c) ethoxylating the mixture at a temperature of from about 130°C to                      
                about 220°C to produce an ethylene oxide-capped polyol; and                                     
                       d) adding acid to the ethylene oxide-capped polyol;                                      
                       with the proviso that no precipitate is formed by reaction of the acid                   
                with the basic catalyst.                                                                        
                       25. A process for preparing an ethylene oxide-capped polyol                              
                comprising:                                                                                     
                       a) providing a polyol which was produced in the presence of a double                     
                metal cyanide (DMC) catalyst;                                                                   
                       b) adding to the DMC-catalyzed polyol a polyol which has been                            
                produced in the presence of a basic catalyst to form a mixture comprising                       
                from about 0.1 to about 10 wt.%, based on the total weight of the mixture, of                   


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