Ex parte OXMAN et al. - Page 2




                 Appeal No. 94-4291                                                                                                                     
                 Application No. 07/627,009                                                                                                             


                 only other claims remaining in the application, which are                                                                              
                 claims 52-55 have been allowed by the examiner.                                                                                        
                          The subject matter on appeal relates to a hydrosilation                                                                       
                 process and composition as well as certain products made                                                                               
                 therefrom.  This appealed subject matter is adequately                                                                                 
                 illustrated by independent claim 1, a copy of which taken from                                                                         
                 the appellants' brief is appended to this decision.                                                                                    
                          The references relied upon by the examiner as evidence of                                                                     
                 obviousness are:                                                                                                                       
                 Gruber                              4,017,652                                    Apr. 12, 1977                                         
                 McDowell                            4,169,167                                    Sep. 25, 1979                                         
                 Drahnak                             4,510,094                                    Apr.  9, 1985                                         
                 Eckberg                             4,587,137                                    May   6, 1986                                         

                          In the double patenting rejections before us, the                                                                             
                 examiner also relies upon the claims of U.S. Patent No.                                                                                
                 4,916,169 (Boardman) as well as the claims of co-pending                                                                               
                 application 07/626,904 ('904 application).                                 2                                                           





                          2The examiner's provisional double patenting rejection                                                                        
                 based upon the claims of application 07/626,905 is nullified                                                                           
                 and thus not before us by virtue of the abandonment of this                                                                            
                 application.                                                                                                                           
                                                                           2                                                                            





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