Appeal No. 1999-0493
Application No. 08/649,504
OPINION
The examiner finds that appellants admit that the claimed
assemblies with force bearing members made from silicone rubber
are known but that there is no admission that the specifically
claimed room temperature-curable silicone rubber is known
(Answer, page 3). Accordingly, the examiner applies Yoshino for
the disclosure of a room temperature-curable organopolysiloxane
composition which is “similar” to the composition claimed (id.).
From these findings, the examiner concludes that it would have
been obvious “to utilize [the] disclosure of Yoshino et al to
produce known electronic assemblies at room temperature.”
Answer, page 4.
Even assuming arguendo that the room temperature-curable
organopolysiloxane composition of Yoshino is the same as the
claimed force bearing member composition, we determine that the
examiner has not presented any convincing evidence or reasoning
to make the proposed combination (see the Brief, pages 4-7).
“We have noted that evidence of a suggestion, teaching, or
motivation to combine may flow from the prior art references
themselves, the knowledge of one of ordinary skill in the art,
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