Appeal No. 94-3414 Application 08/054,998 R R | | (II) R’(OC H ) O(CH ) ))) (SiO) ))) Si )) (CH ) O(C H O) R’q 2q x 2 p m 2 p q 2q x | | R R where R is a methyl group or, in some but not all positions, a phenyl group; R’ is a hydrogen atom or an alkyl group with 1-12 carbon atoms; p is a number from 1 to 5; q is a number from 2 to 3; x, m, and n are averages, numeric values of polyoxyalkylene-modified organopolysiloxanes with a polyoxyalkylene content of 20-40 percent by weight, imparting to the polyoxyalkylene-modified organopolysiloxanes viscosities of 5-3000 centistrokes at 25E C. The Rejection Claim 5 stands rejected under 35 U.S.C. § 103 as being unpatentable over Ishiwata. Opinion We have carefully considered the respective positions advanced by appellant and the examiner. We will not sustain the examiner's rejection because the examiner has not made out a prima facie case of obviousness. Appellant argues that the reference shows only a single oxyalkylene unit to be present in the molecule, and not two units “a” and “b” as required by claim 5. We have to agree with appellant. Appellant’s organopolysiloxane as claimed requires a “b” unit having 5-50 units of an oxyisopropylene. 3Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007