Appeal No. 1997-0009
Application No. 08/074,819
approximately 8 parts by weight of silica. However, in view
of the art recognized distinction between RTV and HTV
compositions, one of ordinary skill in the art would not infer
from the Stary disclosure that the RTV compositions
contemplated by Stary could include amounts of silica as high
as "at least 20 parts by weight," as claimed.
This finding is not negated by the reference in Stary
(col. 4, l. 23-26) to a broad range of filler concentrations
since the broad range is inclusive of the total amount of
filler present, not just reinforcing filler. In this regard,
we note that Stary (col. 3, l. 53-68) discloses three broad
categories of filler (reinforcing, fibrous and non-
reinforcing), and the particular non-reinforcing fillers
disclosed by Stary essentially correspond to the "inert"
fillers which Noll (p. 407) suggests are the predominant
fillers in RTV compositions.
With regard to the question of obviousness, the examiner
has failed to explain why one of ordinary skill in the art
would have found it obvious to apply the Stary process, which
is limited on its face to production of RTV compositions, to
production of HTV formulations.
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