Appeal No. 94-0825
Application 07/908,860
consideration due to a requirement for restriction (see the
brief, page 1, and 37 CFR § 1.142(b)).
The subject matter on appeal is drawn to siloxane compounds
with a tetramethyl-piperidyl substituent (brief, pages 2-3, and
appealed claim 17). As noted by appellants on page 4 of the
brief, the claims stand or fall together. The subject matter on
appeal is adequately represented by appealed claim 17, which is
reproduced and attached to this decision as an Appendix.
The reference relied upon by the examiner is:
Nohr et al. (Nohr) 8932719-A Oct. 19, 1989
(Australian)2
Claims 17 to 20 stand rejected under 35 U.S.C. § 102(g) as
being anticipated by Australian Patent application 8932719-A,
which claims priority to abandoned U.S. Patent Application Number
07/181,623. We reverse this rejection.3
2Actually the Australian Patent application 8932719-A has
never been put into this application record but the examiner has
relied upon a Derwent Abstract of this Australian Patent
application. The date of this abstract is not part of the record
but is immaterial to our decision.
3The final rejection also included a rejection of claims 17
to 20 under 35 U.S.C. § 102(a) over abandoned application number
07/181,623. This rejection was withdrawn by the examiner in the
Advisory Action dated April 26, 1993.
2
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