Ex parte OXMAN et al. - Page 4




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


          the here claimed catalyst, and we fully agree with the                      
          examiner that it would have been obvious for one with ordinary              
          skill in the art to replace the catalyst of Eckberg with the                
          catalyst of Drahnak in order to obtain the advantages                       
          associated with this catalyst (e.g., see lines 51 through 62                
          in column 2 of Drahnak).                                                    
               On pages 19 and 20 of the brief, the appellants argue                  
          that it would have not been obvious to combine Eckberg and                  
          Drahnak in the manner opposed above.  In this regard, the                   
          appellants state  that Eckberg's composition is capable of                  
          reacting prematurely at room temperature whereas "[t]he                     
          catalyst of Drahnak . . ., which is the only precious metal                 
          catalyst set forth in the claims of the present application,                
          will not result in premature gelation or curing, for the                    
          reason that it will not activate a hydrosilation reaction at                
          temperatures below about 50EC in the absence of actinic                     
          radiation", and accordingly "it is clear that the teachings of              
          Eckberg are in conflict with the teachings of Drahnak" (brief,              
          page 20; emphasis in original).  It is the appellants'                      
          position that, as a result of this "conflict", there would                  


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