Ex parte AKITOMO et al. - Page 2




          Appeal No. 95-0227                                                          
          Application No. 08/061,406                                                  


               Appellants acknowledge on page 3 of their brief that the               
          claims stand or fall together for purposes of this appeal.                  
          Accordingly, we will limit our consideration to claim 1, the                
          sole independent claim, which reads as follows:                             
               1.  Clay-like organopolysiloxane composition having a                  
          Williams Plasticity within the range of 100 to 200 consisting               
          essentially of                                                              
               (A) 100 weight parts of a diorganopolysiloxane having a                
          viscosity of at least 300,000 centistokes at 25<C,                          
               (B) 5 to 500 weight parts of a synthetic resin powder,                 
          and                                                                         
               (C) 10 to 100 weight parts of a liquid paraffin.                       
               The examiner relies upon the following reference of record             
          as prior art:                                                               
          Sterling                      4,578,413           Mar. 25, 1986             
               The following rejections are before us for consideration:              
               I.  Claims 1-2 stand rejected under 35 U.S.C. § 112, first             
          paragraph, for lack of enablement.                                          
               II.  Claims 1-2 stand rejected under 35 U.S.C. § 102(b) as             
          anticipated by or, in the alternative, under 35 U.S.C. § 103 as             
          being obvious over Sterling.                                                
               III.  Claims 1-2 stand rejected under 35 U.S.C. § 112,                 
          second paragraph, as being indefinite.                                      


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