Ex parte DANIEL J. HALLORAN - Page 4





            Appeal No. 95-1302                                                                             
            Application 07/729,281                                                                         



            least 1; y is an integer having a value from about one to about                                
            one thousand; and the organosilicon compound is present in the                                 
            mixture at a level from about 0.1 to about fifty percent by                                    
            weight based on the weight of the mixture.                                                     


                                             THE REFERENCE                                                 


                  The single prior art reference relied on by the examiner is:                             


            Lamb et al. (Lamb)              5,049,377         Sep. 17, 1991                                


                                               THE ISSUE                                                   


                  The issue presented for review is whether the examiner erred                             

            in rejecting claims 17 and 19 through 26 under 35 USC  102(e) as                              

            anticipated by Lamb.3                                                                          


                                             DELIBERATIONS                                                 


                  Our deliberations in this matter have included evaluation                                

            and review of the following materials:                                                         



                  (1) The instant specification, including all of the claims                               



                  3   In the Office Action mailed April 1, 1993, the examiner rejected claims              
            12 through 26 under 35 USC  102(b) as anticipated by Lamb. The examiner refers                
            to that Office Action in the Answer, page 2, last paragraph. However, as pointed               
            out by applicants in the appeal Brief, page 4, lines 15 through 18, the correct                
            statutory basis for this rejection is 35 USC  102(e). The examiner restated the               
            rejection in terms of 35 USC  102(e) in the Answer, page 2, penultimate                       
            paragraph.                                                                                     
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