Appeal 2007-3388
Application 11/095,901
Appellants’ invention relates to an article having a preformed
lignocellulosic material impregnated with a polyisocyanate material.
Claim 1 is illustrative:
1. A building article having a smooth, low-gloss surface
prepared by
(1) impregnating a preformed substrate of lignocellulosic
material with an isocyanate resin material;
(2) removing excess isocyanate resin from the impregnated
substrate of lignocellulosic material by impinging air at a
high flow rate upon the impregnated substrate of
lignocellulosic material;
(3) polymerizing the resin by applying water to the
impregnated substrate of lignocellulosic material, the water
being at a temperature sufficient for polymerization; and
(4) removing the water from the polymerized resin-
impregnated substrate of lignocellulosic material.
The Examiner relies on the following reference in rejecting
the appealed subject matter:
Diehr US 3,870,665 Mar. 11, 1975
Claims 1-3, 15-21, 33-43, and 45-48 stand rejected under 35
U.S.C. § 102(b) as unpatentable over Diehr. Claims 4, 22, and 44
stand rejected under 35 U.S.C. § 103(a) as unpatentable over Diehr.
We REVERSE.
Independent claims 1, 16, and 33 are written in product-by-
process format. Therefore, the Examiner can satisfy his or her
burden under § 102/§ 103 if the prior art reasonably appears to
disclose a product that is identical with or only slightly different
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