Ex parte HARASHIMA - Page 3




                              Appeal No. 94-3414                                                                                                                                                                                                                
                              Application 08/054,998                                                                                                                                                                                                            





                                                                                         R                             R                                                                                                                                       
                                                                                          |             |                                                                                                                                                       
                              (II)         R’(OC H ) O(CH )  ))) (SiO) ))) Si )) (CH ) O(C H O) R’q    2q x              2 p                m                  2 p           q    2q      x                                                                                                         
                                                                                          |                             |                                                                                                                                       
                                                                                          R            R                                                                                                                                                        

                              where R is a methyl group or, in some but not all positions, a phenyl group; R’ is a hydrogen atom or an                                                                                                                          

                              alkyl group with 1-12 carbon atoms; p is a number from 1 to 5; q is a number from 2 to 3; x, m, and n are                                                                                                                         

                              averages, numeric values of polyoxyalkylene-modified organopolysiloxanes with a polyoxyalkylene content                                                                                                                           

                              of 20-40 percent by weight, imparting to the polyoxyalkylene-modified organopolysiloxanes viscosities of                                                                                                                          

                              5-3000 centistrokes at 25E C.                                                                                                                                                                                                     

                                                                                                                 The Rejection                                                                                                                                  

                                             Claim 5 stands rejected under 35 U.S.C. § 103 as being unpatentable over Ishiwata.                                                                                                                                 

                                                                                                                       Opinion                                                                                                                                  

                                             We have carefully considered the respective positions advanced by appellant and the examiner.                                                                                                                      

                              We will not sustain the examiner's rejection because the examiner has not made out a prima facie case of                                                                                                                          

                              obviousness.                                                                                                                                                                                                                      

                                             Appellant argues that the reference shows only a single oxyalkylene unit to be present in the                                                                                                                      

                              molecule, and not two units “a” and “b” as required by claim 5.  We have to agree with appellant.                                                                                                                                 

                              Appellant’s organopolysiloxane as claimed requires a “b” unit having 5-50 units of an oxyisopropylene.                                                                                                                            

                                                                                                                              3                                                                                                                                 





Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November 3, 2007