Appeal 2007-1905
Reissue Application 10/931,249
Patent 6,444,720 B1
1 Coe
2 The Examiner has relied upon Coe to establish that Bayer's preferably
3 preferred tertiary amine catalyst is a known catalyst for making polyurethane
4 foams. Col. 6:10.
5
6 Examiner's rejection
7 The Examiner rejected the claims holding that a person having
8 ordinary skill in the art would have found it obvious to use the Heuvelsland
9 polyols in the process described by Okada to make open-cell rigid
10 polyurethane foams.
11 The Examiner found that Heuvelsland teaches that advantageous
12 properties may be obtained through the use of the Heuvelsland polyols to
13 make urethanes.
14 On that basis, the Examiner found that one skilled in the art would
15 have been "motivated" to use the Heuvelsland polyols as part of the polyol
16 mixture used to make open-cell rigid polyurethanes otherwise described by
17 Okada.
18 The use of Bayer's "particularly preferred" tertiary amine catalyst was
19 found to be obvious by the Examiner given that Coe describes its use as a
20 tertiary amine catalyst for making polyurethanes.
21
22 Bayer's contentions
23 Bayer's main contention is that one skilled in the art would not have
24 been "motivated" to use the Heuvelsland polyols to solve Bayer's problem—
25 which is said to be increasing the percentage of open cells in a rigid
26 polyurethane foam.
11
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