Ex Parte Schilling et al - Page 2

                Appeal 2007-3686                                                                             
                Application 10/965,349                                                                       
                                       STATEMENT OF THE CASE                                                 

                      The subject matter on appeal is directed to “reacting an organic                       
                isocyanate with an isocyanate-reactive compound in the presence of a                         
                blowing agent composition which includes greater than 0.5% by weight                         
                (based on total weight of foam forming materials) of water and less than                     
                12% by weight (based on total weight of foam forming materials) of HFC-                      
                245fa” (Specification 3, ll. 22-26).  The resulting polyurethane/polyurea                    
                foams may have “good insulation characteristics (as measured by k-factor)”                   
                (Specification 1, ll. 3-6).  Further details of the appealed subject matter are              
                recited in representative claim 8 reproduced below:                                          

                      8.     A foam-forming reaction mixture comprising:                                     
                      a)     an organic isocyanate,                                                          
                      b)     an isocyanate-reactive compound and                                             
                      c)     a blowing agent comprising                                                      
                      (1)     greater than about 0.5% by weight, based on                                    
                               total weight of foam forming materials, of                                    
                                water and                                                                    
                       (2)    less than 12 % by weight, based on total weight                                
                                of foam forming materials, of HFC-245fa.                                     
                      As evidence of unpatentability of the claimed subject matter, the                      
                Examiner has relied upon the following references:                                           
                Lund    5,688,833    Nov. 18, 1997                                                           
                Doerge   6,562,880 B1   May 13, 2003                                                         



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