Ex Parte Klesczewski et al - Page 8

                Appeal 2007-1905                                                                                  
                Reissue Application 10/931,249                                                                    
                Patent 6,444,720 B1                                                                               
            1                                  Claims on appeal                                                   
            2          Claim 1 on appeal is representative of the claimed foams.                                  
            3          Claim 1 reads:                                                                             
            4                 An open-cell rigid foam containing a urethane, isocyanurate or                      
            5          urea group produced by reacting                                                            
            6                       a)  a diisocyanate or a polyisocyanate                                        
            7                 with                                                                                
            8                       b)  a polyol component comprising a polyoxyalkylene                           
            9                       polyol having an average of at least two groups which are                     
          10                        reactive with an isocyanate group, has a hydroxyl value                       
          11                        of from 3 to 90 and contains no more than 15 mmole.kg-1                       
          12                        of carbon-carbon double bonds,                                                
          13                        c)  a blowing agent,                                                          
          14                  and optionally,                                                                     
          15                        d)  a catalyst, and/or                                                        
          16                        e)  auxiliaries and/or additives.                                             
          17                                                                                                      
          18           Normally in assessing the scope of a claim, every limitation in the                        
          19    claim should be given some meaning.  However, the italicized portion of                           
          20    claim 1, as reproduced above, adds absolutely nothing to limit the scope of                       
          21    the claim or to define the open-cell rigid foam claimed.                                          
          22           Claim 7 covers the method for making the open-cell rigid foam.                             
          23            Claim 10 limits the catalyst used in the method of claim 7 to Bayer's                     
          24                     particularly preferred tertiary amine catalyst.                                  




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