Appeal No. 94-4291
Application No. 07/627,009
Gruber have nothing to do with hydrosilation
processes catalyzed by a platinum complex, it is
submitted that the claims of the present application
would not have been obvious to one of ordinary skill
in the art from the combination of the claims of
Boardman with the disclosures of Eckberg, McDowell,
and Gruber. [Emphasis in original].
This argument does not convince us that the subject
matter defined by independent claims 1 and 21 would not have
been obvious. In our opinion, Eckberg's teaching of7
effecting his hydrosilation reaction via free radical type
photoinitiators generally would have suggested to one with
ordinary skill in the art using the specific free radical type
photoinitiators of Gruber or McDowell in the hydrosilation
process claimed by Boardman motivated by a desire to obtain
the advantageous functions performed by these specific
photoinitiators and based upon a reasonable expectation,
gleaned from Eckberg's aforementioned disclosure, of success
in using these specific photoinitiators in Boardman's claimed
hydrosilation process. In re O'Farrell, 853 F.2d 894, 904, 7
7On this record, we find no reasonably specific
argument concerning independent claim 45 which does not recite
specific photoinitiators and is therefore rejectable over the
claims of Boardman in view of Eckberg alone sans the teachings
of Gruber or McDowell.
9
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