Appeal 2007-1905
Reissue Application 10/931,249
Patent 6,444,720 B1
1 for foam-filling cavities of cold stores and (3) container construction and
2 energy-absorbing material (e.g., car bumpers). Specification, col. 6: 35-42.
3 Bayer does not tell us precisely what it means by "predominantly"
4 open-cell foams.
5 However, the "EXAMPLES" give us some idea of what Bayer may
6 mean by "predominantly" open-cell foams.
7 In the Examples, Polyols A through E are conventional polyols.
8 Polyol F is a polyol with a "C―C double bond [C═C] content of
9 27 mmole.kg-1", which is higher than 15 mmole.kg-1 and therefore outside
10 the claimed range of "no more than 15 mmole.kg-1."
11 Polyol G is a polyol with a "C―C double bond content of 7.2
12 mmole.kg-1", which is less than 15 mmole.kg-1 and therefore within the
13 claimed range of "no more than 15 mmole.kg-1."
14 Properties of polyurethane foams said to have been made from a
15 mixture of conventional polyols along with either Polyol F or Polyol G are
16 set out in the Examples.
17 Catalyst 1 is an amine catalyst.
18 Catalyst 2 is Bayer's particularly preferred tertiary amine.
19 Stabilizer 1 and Stabilizer 2 are conventional silicone stabilizers used
20 in the preparation of polyurethane foam.
21 For the purpose of deciding the appeal, we will assume that the data
22 set out in the Examples is based on actual experimentation and that the
23 Examples are not prophetic.
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