Appeal 2007-2863
Application 10/934,507
1 use of TDI vis-à-vis MDI is significant. Asahi Glass had the burden of
2 showing that the difference is not significant.
3 Shimoma also uses polyoxypropylene polyols having an unsaturation
4 of 0.100 meq/g. The Examiner notes that the polyols described by Saito
5 [Polyol A and Polyol B] have lower unsaturation levels [0.029 and 0.025]
6 and that Example 6 of the Asahi Glass specification shows that the
7 unsaturation level is critical for obtaining the specified relationship between
8 tensile strength and hardness. Examiner's Answer, page 4. No Reply Brief
9 was filed responding to the Examiner's finding. On this record, we have no
10 reason to question the Examiner's uncontested finding concerning
11 unsaturation being critical to the claims X>H/10 limitation.
12 The Shimoma experimental work uses a curing agent comprising a
13 mixture of equal mass parts of 1,4-butane diol [a dihydroxy compound] and
14 trimethylolpropane [a trihydroxy compound], and therefore a chain extender
15 having an average hydroxy functionality greater than 2 [somewhere between
16 >2 and <3]. Saito, on the other hand, used a mixture of diamino-compounds
17 as the extender and therefore an average functionality of 2.
18 Examiner's observation about the Rule 132 showing
19 As noted in our discussion of the Rule 132 showing, the Examiner's
20 observed numerous differences between the Shimoma experimental work
21 and Saito Example 1.
22 Based on those differences, the Examiner declined to credit the
23 experimental work. In short, the Examiner did not find the Shimoma
24 experimental work representative of Saito Example 1.
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