Appeal No. 94-0995
Application No. 07/662,722
reference in the manner proposed. For the reasons succinctly
stated in the Appeal Brief, Favre and Blizzard teach away
from, not toward, the claimed invention. The collective
teachings of Grape, Favre, and Blizzard make it clear that
acyloxy or alkoxy-functional silicone resin and hydroxylated
silicone resin would not have been viewed as art-recognized
equivalents or interchangeable materials in the composition of
Grape. Favre and Blizzard do not "lend credibility to the
examiner's position" (Answer, page 5). Each of those
references discloses component (B) of claim 1, the
hydroxylated silicone resin, in compositions which are very
different from the composition of Grape.
The rejection of claims 1 through 14 under 35 U.S.C.
§ 103 as unpatentable over the combined disclosures of Grape,
Favre, and Blizzard is reversed.
The Rejection Based on JP 53-130752A
Respecting the rejection of claims 1 through 14 under
35 U.S.C. § 103 as unpatentable over "JP 53-130752A," the
examiner has not furnished this merits panel with a copy of
the Japanese patent in its entirety. A full text copy of the
-8-
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007