Appeal No. 95-1496
Application No. 08/076,615
diorganopolysiloxane polymer as R SiO siloxy units. Specification, p. 9. R is defined as hydrocarbon
2 2/2
or halogenated hydrocarbon. Specification, p. 6. On the other hand, Merrill defines the repeating units
of the alkylalkoxypolysiloxane resin as R Si(OR ) O 1 . Merrill, col. 3, lines 35-47. In Merrill’s
m n (4 - m - n)/2
formula “n” is defined as 1, 2, or 3. Merrill, col. 3, lines 41. Thus, Merrill’s definition requires the
presence of at least one alkoxy (OR ) group. Applicants’ definition of their diorganopolysiloxane polymers1
does not allow the presence of an (OR ) group. R in applicants’ diorganopolysiloxane polymers is limited1
to hydrocarbon or halogenated hydrocarbon. Therefore, we find that Merrill does not teach applicants’
component (ii). Since the rejection of all claims is dependent on the examiner’s finding that Merrill teaches
diorganopolysiloxane polymers within the scope of applicants’ claims, we reverse the rejections of claims
1 to 21.
REVERSED
JOHN D. SMITH )
Administrative Patent Judge )
)
)
)
RICHARD E. SCHAFER ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
CAMERON WEIFFENBACH )
Administrative Patent Judge )
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