Appeal 2007-3686
Application 10/965,349
optimum value of a result effective variable ….is ordinarily within the skill
of the art.”).
In reaching this determination, we note the Appellants’ arguments
directed to an insulation property defined by a k-factor of less than or equal
to about 0.135 BTU in/hr.ft2 oF. at 75oF. (Br. 9-11 and Reply Br. 4-5).
However, the claimed foam-forming reaction mixtures are not limited to
only those which are capable of forming rigid polyurethane foams having
such k-factor. Self, 671 F.2d at 1348.
Even were we to read such limitation into claim 8, our conclusion
would not be altered. As indicated supra, Lund teaches that low thermal
conductivity (inclusive of the claimed k-factor, i.e., good insulation
property) or low k-factor is affected by the blowing agent employed. The
insulation requirement is known to be dependent on the type of application
involved. Accordingly, we concur with the Examiner that the determination
of the optimum or workable low thermal conductivity (optimum insulation
property) or k-factors is well within the ambit of one of ordinary skill in the
art. Woodruff, 919 F.2d at 1578; Boesch, 617 F.2d at 276.
Therefore, based on the factual findings set forth in the Answer and
above, we determine that the preponderance of evidence weighs most
heavily in favor of obviousness of the subject matter recited in claims 1
through 9 within the meaning of 35 U.S.C. § 103.
9
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