Appeal No. 95-4939
Application No. 08/096,345
siloxane and a silicon compound of the recited formula, (II) a
nonaqueous liquid, such as ethylene glycol, and (III) silica
having a methanol wettability of from 30 to 70 percent.
According to appellants' specification, methanol wettability
is determined by a standard test which measures the volume
percent of methanol in water needed to just wet the silica
(see page 20). We are told that the silica "of the present
invention is a moderately hydrophobic particulate stabilizing
aid wherein the particulate is a very fine particle size
silica" (page 19 of specification, lines 9-11).
Appealed claims 1-15, 18-28, 31-41 and 44 stand rejected
under 35 U.S.C. § 103 as being unpatentable over Hill in view
of McGee.
We have carefully considered the respective positions
advanced by appellants and the examiner. In so doing, we find
ourselves in agreement with appellants that the prior art
applied by the examiner fails to establish a prima facie case
of obviousness for the claimed subject matter. Accordingly,
we will not sustain the examiner's rejection.
There is apparently no dispute that Hill, the primary
reference, discloses an antifoam silicone composition which
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