Appeal 95-4477
Application 08/006,350
However, the fact is that the A:B ratio now claimed is not
described in the specification, as filed. Unfortunately, a
delay in finding a basis for unpatentability is not a ground
on which claims in an application can, or should, be allowed.
In the course of our review of the application and the
examiner's rejection, we have uncovered another matter which
may warrant examination should applicant elect to respond to
our new ground of rejection. On page 6 of the specification
it is said that R can be "an alkyl group with 1 to 12 carbon2
atoms or a polyether group )(C H O) R , wherein R is hydrogen,n 2n x3 3
hydroxyl, alkyl or acyl ***." When R is hydroxy the terminal3
moiety on the R would be a peroxy group, i.e., C H O)OH. The2 n 2n
examiner may wish to look into whether an enabling disclosure
has been provided by applicant insofar as organopolysiloxane A
can have a peroxy group.
C. Decision
The decision of the examiner rejecting the claims as
being unpatentable over the prior art is vacated.
All claims on appeal have been rejected, pursuant to
37 CFR § 1.196(b), for failure to comply with the written
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