Appeal No. 95-1302
Application 07/729,281
least 1; y is an integer having a value from about one to about
one thousand; and the organosilicon compound is present in the
mixture at a level from about 0.1 to about fifty percent by
weight based on the weight of the mixture.
THE REFERENCE
The single prior art reference relied on by the examiner is:
Lamb et al. (Lamb) 5,049,377 Sep. 17, 1991
THE ISSUE
The issue presented for review is whether the examiner erred
in rejecting claims 17 and 19 through 26 under 35 USC § 102(e) as
anticipated by Lamb.3
DELIBERATIONS
Our deliberations in this matter have included evaluation
and review of the following materials:
(1) The instant specification, including all of the claims
3 In the Office Action mailed April 1, 1993, the examiner rejected claims
12 through 26 under 35 USC § 102(b) as anticipated by Lamb. The examiner refers
to that Office Action in the Answer, page 2, last paragraph. However, as pointed
out by applicants in the appeal Brief, page 4, lines 15 through 18, the correct
statutory basis for this rejection is 35 USC § 102(e). The examiner restated the
rejection in terms of 35 USC § 102(e) in the Answer, page 2, penultimate
paragraph.
4
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