Ex parte BRUXVOORT et al. - Page 2


                 Appeal No. 95-1622                                                                                                                     
                 Application 07/890,593                                                                                                                 

                          2.       An energy sensitive article comprising:                                                                              
                          (a)      a substrate having basic reactive sites; and                                                                         
                          (b)      an energy sensitive organometallic compound having at least one organometallic                                       
                 group coated on at least a portion of at least one surface of the substrate, wherein the organometallic                                
                 compound is essentially free of reactive nucleophilic groups and is chemically bonded through the                                      
                 organometallic group of the organometallic compound to the basic reactive sites on the substrate.                                      
                          The appealed claims3 as represented by claim 24 are drawn to an article wherein an energy                                     
                 sensitive organometallic compound, which is essentially free of reactive nucleophilic groups and has                                   
                 been coated on at least a portion of at least one surface of a substrate having basic reactive sites, is                               
                 chemically bonded through at least one organometallic group to the reactive sites on that substrate.  The                              
                 article of appealed claim 2 can be prepared by coating an energy sensitive organometallic compound                                     
                 that is essentially free of reactive nucleophilic groups on at least a portion of a substrate having basic                             
                 reactive sites and exposing the coating to energy to effect the chemical bonding of the organometallic                                 
                 compound to the basic reactive sites of the substrate as set forth in appealed claim 24.  According to                                 
                 appellants, the claimed articles are useful, inter alia, as protective coatings, adhesive primers, printing                            
                 plates, durable release agents and abrasive articles (specification, pages 20 and 50).                                                 
                          The references relied on by the examiner are:                                                                                 
                 Wright5                                               4,503,140                                    Mar.  5, 1985                       
                 Palazzotto et al. (Palazzotto)                        4,985,340                                    Jan. 15, 1991                       

                                                                                                                                                        
                 original claim 3.  Since we have found no amendment canceling original claim 3, this claim is properly                                 
                 before us on appeal.                                                                                                                   
                 3  Error appears in appealed claims 6 and 21 as copied in the appendix to appellants’ principal brief.                                 
                 Appealed claim 6 recites “lasses” rather than “glasses” in the second line thereof. Appealed claim 21 as                               
                 it stands of record reads in part “coated and and [sic] chemically bonded” and the second “and” does                                   
                 not appear in the copy of this claim in the appendix.                                                                                  
                 4  Appellants state in their principal brief (page 8) that the “rejected claims do not stand or fall together.                         
                 Each claim stands or falls alone.” The examiner submits that appellants have not separately argued each                                
                 of the appealed claims (answer, page 2) and appellants did not traverse the examiner’s position in their                               
                 reply brief. Accordingly, we have decided this appeal based on appealed claim 2, with respect to all of                                
                 the grounds of rejection involving this claim, appealed claims 15 and 16, with respect to the ground of                                
                 rejection specifically involving these two claims, and appealed claim 24, with respect to the ground of                                
                 rejection of appealed claims 24 and 25.      37 CFR § 1.192(c)(5) and (6)(1993).                                                       
                 5  Wright and the application on appeal appear to be commonly assigned (see supra note 1).                                             

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