Appeal No. 95-1496
Application No. 08/076,615
Merrill relates to a composition which is said to provide a water repellant and stain resistant2
coating. Merrill teaches a composition having three required components:
(a) organopolysiloxane resin;
(b) an alkylalkoxypolysiloxane resin; and
(c) a condensation catalyst.
Merrill, col. 2, line 52 - col. 3, line 1. Optionally, a fourth component may be included --an alkoxy
crosslinking agent. Merrill, col. 3, lines 2-3. Merrill defines the repeating units of the
alkylalkoxypolysiloxane resin (component (b)) as follows:
Alkyl-alkoxypolysiloxane resins contemplated for use in the present invention
contain units of the general formula:
R Si(OR ) O 1
m n (4 - m - n)/2
where m is 0, 1 or 2; n is 1, 2 or 3; m+n is 1, 2 or 3; R is a substituted or1
unsubstituted condensable hydrocarbon radical of from 1 to 6 carbon atoms,
preferably methyl; R is a substituted or unsubstituted monovalent hydrocarbon
radical of from 1 to 8 carbon atoms preferably methyl; and fewer than 20% by
number of all siloxane units are SiO units.
2
Merrill, col. 3, lines 35-47.
All of the rejections are dependant upon the examiner’s finding that Merrill’s alkyl-
alkoxypolysiloxane resin (component (b)) describes applicants’ diorganopolysiloxane polymer (component
(ii)). The examiner finds:
Merrill teaches [a] water repellant [composition] for masonry which comprises,
. . . , an alkyl-alkoxypolysiloxane as shown on column 3, line 63 . . . .
Examiner’s Answer, p. 2. However, applicants’ and Merrill’s respective definitions of the repeating units
of diorganopolysiloxane polymer and alkyl-alkoxypolysiloxane resin precludes a finding that these
components are the same. As we indicated above, applicants define the repeating units of the
2 Our disposition of the case does not require the discussion of the Hardman reference.
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