Appeal No. 1996-0670
Application No. 08/043,388
interpretation of Sackoff, the reference does not “teach away”
from the molecular weight range, as shown by the viscosity,
recited for polysiloxane (i) in claim 53 on appeal (a
viscosity range of 5 to 60,000 cps). One corresponding class
of polysiloxanes taught by Sackoff touches the endpoint of the
claimed range at “about” 60,000 cps viscosity (column 15,
lines 41-45). Sackoff further incorporates by reference the
polysiloxanes of Warrick, which discloses polysiloxanes having
a viscosity range of 2,000 to 8,000 cs (see Sackoff, column
15, lines 53-56, and Examples 1-12 of Warrick). Appellants
incorporate by reference this same patent (specification, page
29, line 23-page 30, line 3). Therefore the claimed viscosity
range for polysiloxane (i) would have been suggested to one of
ordinary skill in the art from the Sackoff disclosure, whether
considering the viscosity limitation of claim 53 on appeal (5
to 60,000 cps) or claim 13 on appeal (1,000 to 3,000 cps).
Appellant submits that the specific data indicating
improved results, as set forth in Figure 8 of the
specification, are sufficient to overcome a prima facie case
of obviousness (Reply Brief, pages 2-3). Once the examiner
has established a prima facie case of obviousness and
8
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