Ex parte STERLING et al. - Page 4




          Appeal No. 95-1209                                                          
          Application No. 07/842,480                                                  


          Yamada et al. (Yamada)        5,174,924           Dec. 29, 1992             
                                             (filed June 4, 1990)                     
          Hawley’s Condensed Chemical Dictionary, 935 (11th ed., New                  
          York, Van Nostrand Reinhold, 1987) (Hawley’s).                              


                                     REJECTIONS                                       
          (1) Claims 1, 3, 4 and 11 are rejected under 35 U.S.C. § 112,               
          second paragraph, as being indefinite.                                      
          (2) Claims 1, 3, 4 and 11 are rejected under 35 U.S.C.                      
          § 103(a) as being unpatentable over the combined disclosures                
          of Miyake.                                                                  
               For the reasons set forth post we shall not sustain these              
          rejections (although appellants have argued the separate                    
          patentability of claim 11, in view of our disposition of this               
          appeal, we need not consider claim 11 separately.)                          


                                     DISCUSSION                                       
               The examiner has rejected the claims as being indefinite               
          in view of the claim 1 phrase “copolymer of said polyfluoro-                
          alkylsiloxane.”  The examiner maintains it is not clear how a               
          compound that is not silanol terminated can be copolymerized.               


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