Appeal No. 95-0432
Application 08/002,448
which improves Atkins’ fiber-reinforced thermoset molding
compositions with a nonpreferred polysiloxane-polyalkyene
surfactant Godlewski (1) shows is useful instead of preferred
polysiloxane-polyalkyleneoxyalkylene surfactants in filled
thermoplastic polymers and (2) alleges “can be used” in
thermoset resins, e.g., polyester resins including alkyd
resins, for an entirely different benefit than those benefits
indicated solely in appellants’ disclosure. Having considered
all the evidence, aleegations, and arguments of record, we
conclude, contrary to the examiner’s view, that the greater
weight favors patentability over the combined prior art
teachings of Atkins and Godlewski. We grant more weight than
did the examiner to Godlewski’s express preference for and
evidence exclusively of improvements in filled thermoplastic
resins. We also grant considerably more weight to Godlewski’s
preference for polysiloxane-polyalkyleneoxyalkylene
surfactants. With the weight of that evidence before a person
having ordinary skill in the art, we ask why persons having
ordinary skill in the art would have been led by Godlewski’s
statement that “[t]he invention can be used in thermoset
resins” (col. 7, l. 15-16) to replace a surfactant Atkins
found useful
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