Ex Parte Schweitzer et al - Page 4

                 Appeal 2007-3794                                                                                                          
                 Application 10/850,517                                                                                                    
                        C.     Bondoc                                                                                                      
                  [7] Bondoc discloses a foam board comprising a polyisocyanurate foam                                                     
                        core faced on both surfaces with a material comprising glass and                                                   
                        cellulose fibers such as paper (Bondoc, abstract; col. 1, ll. 6-11; col. 2,                                        
                        ll. 51-53; ex. 2; col. 6, ll. 5-10).                                                                               
                  [8] The Examiner found that Bondoc did not disclose treating the facer                                                   
                        material with silane (Sub. Answer, 4).                                                                             
                        D.     Gill                                                                                                        
                  [9] Gill discloses a fibrous glass mat said to be useful as a facer substrate                                            
                        and which comprises a binder containing a wet proofing resin, i.e., a                                              
                        water based silicone elastomer emulsion (Gill, col. 2, ll. 8-26; col. 4,                                           
                        ll. 50-65; exs. 1-3).                                                                                              
                        E.     Terae                                                                                                       
                  [10] Terae discloses production of water based silicone emulsions from                                                   
                        organochlorosilanes, e.g., methyl dichlorosilane, trimethyl                                                        
                        chlorosilane, dimethyl dichlorosilane and methyl trichlorosilane                                                   
                        (Terae, col. 1, ll. 6-11; col. 3, ll. 3-7).                                                                        
                  [11] According to Terae, its water based silicone emulsions are said to be                                               
                        useful as water-repellant agents (Terae, col. 6, ll. 51-54).                                                       
                  [12] The Examiner cited Terae as evidence that methyl trichlorosilane is a                                               
                        known silicone elastomer emulsion ingredient (Sub. Answer, 3-5).                                                   
                        Other findings of fact follow below.                                                                               
                  III. Obviousness                                                                                                         
                        A claimed invention is not patentable if its subject matter would have                                             
                 been obvious to a person of ordinary skill in the art.  35 U.S.C. § 103(a);                                               
                 KSR Int'l Co. v. Teleflex, Inc., 127 S.Ct. 1727, 82 USPQ2d 1385 (2007);                                                   

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