Appeal No. 95-1496
Application No. 08/076,615
We have jurisdiction by virtue of 35 U.S.C. § 134.
We reverse.
The examiner relies on the following references in rejecting the claims:
Merrill U.S. Patent 4,753,977 Jun. 28, 1988
Hardman et al. (Hardman), “Silicones,” reprinted from Encyclopedia of Polymer Science
and Engineering, Vol. 15, Second Ed. (1989) pp. 218-219.
The examiner asserts three rejections:
1. The subject matter of claims 1-5 is rejected under 35 U.S.C. § 102(b) or, in the alternative,
under § 103 as unpatentable over Merrill;
2. The subject matter of claims 6-9 and 17-19 is rejected under 35 U.S.C. § 103 as
unpatentable over Merrill; and
3. The subject matter of claims 10-16, 20 and 21 is rejected under 35 U.S.C. § 103 as
unpatentable over the combination of Merrill and Hardman.
In the answer, the examiner also refers to
Chung U.S. Patent 4,515,932 May 7, 1985
The Chung disclosure is incorporated by reference into the Merrill disclosure. Merrill, col. 3, lines 55-57.
The subject matter of the claimed invention relates to a moisture-curable hot melt pressure-sensitive
adhesive composition. Claim 1 is representative:
1. A moisture-curable silicone hot melt pressure-sensitive adhesive
composition comprising:
(i) a solid hydroxyl-functional organopolysiloxane resin comprising R SiO
3 l/2
siloxane units and SiO siloxane units, wherein the mole ratio of the R SiO4/2 3 l/2
siloxane units to SiO siloxane units has a value of from 0.5/1 to 1.2/1, R is
4/2
selected from the group consisting of hydrocarbon radicals and halogenated
hydrocarbon radicals and said hydroxyl content is 1.2 to 6 percent by weight;
2
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