Appeal 2007-3396
Application 1 11008,592
means molded polyurethane foams with a compressed shell and a cellular
6
core. Integral-skin foams may be soft to rigid.7
Claim 1 uses the transition "comprising" three times: (1) in describing
the process steps, (2) in describing the polyol formulation, and (3) in
describing the isocyanate component. Use of "comprising" opens the
limitation so described to the inclusion of additional, unlisted elements.
Bayer uses "polyol" and "polyhydroxyl" interchangeably in its
~~ecification.~Hence, we construe "polyols" to be a synonym for
polyhydroxyls in the relevant art.
Elements b), c), and e) are included "optionally", which means that
they are not limiting.9 Reduced to essentials, formulation (A) must have at
least an appropriate polyol component and water, while component (B) must
have at least an appropriate polyisocyanate and an inorganic zeolite.
THE REJECTIONS
All claims are rejected under 35 U.S.C. 8 103 as directed to subject
matter that would have been obvious to a person having ordinary skill in the
art. The examiner relies on patents to ~orn," ~kowronski," and is en'^ as
6 Spec. 1:3-5.
7 Spec. 2:7-10.
Spec. 2:20-25 & 3:24-4:lO.
In re Johnston, 435 F.3d 1381, 1384,77 USPQ2d 1788, 1790 (Fed. Cir.
2006) (optional elements do not limit a claim).
10 Peter Horn et al., Production of chlorofluorocarbon-free, urethane-
containing moldings having a cellular core and a compactedperipheral
zone, US 5,334,620 A1 (issued 2 August 1994) (Horn).
I I Michael J. Skowronski and Kenneth G. Trout, High equivalent weight
polyesterpolyols for closed cell, rigid foams, US 5,660,926 A1 (issued
26 August 1997) (Skowronski).
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