Ex parte BRAUN et al. - Page 5




          Appeal No. 1997-0311                                                        
          Application No. 08/340,017                                                  


          thixotropic agents, such as polyvinyl alcohol, may also be                  
          included in the aqueous dispersion (column 5, lines                         
          16-22).  Accordingly, we agree with the examiner that it would              
          have been prima facie obvious for one of ordinary skill in the              
          art to add a compound containing basic nitrogen and polyvinyl               
          alcohol to the aqueous dispersion of Gamon, which admittedly                
          comprises the presently claimed organopolysiloxane containing               
          groups which are capable of condensation (A), a condensation                
          catalyst (B) and an organopolysiloxane resin which is at least              
          partly soluble in the organopolysiloxane (C).  We note and                  
          emphasize that appealed claim 1 fails to reqire that                        
          elastomers prepared from dispersions within the scope of claim              
          1 are transparent.                                                          
               Appellants submit at page 4 of the Brief that                          
          "Appellants' claimed composition is not limited to Gamon's                  
          polydiorgano-siloxanes that must have terminal hydroxyl                     
          groups."  However, the claimed "groups which are capable of                 
          condensation" clearly embrace the hydroxyl groups of Gamon                  
          which are taught to undergo condensation, and appellants'                   
          claim 4 specifies hydroxyl groups when R is a hydrogen atom.                



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