Appeal No. 1997-0311
Application No. 08/340,017
to employ polyvinyl alcohol as a thixotropic agent in aqueous
dispersions of organopolysiloxanes.
Appellants rely upon the declaration of Dr. Rudolf Braun,
one of the present inventors, as evidence of nonobviousness.
According to appellants, the declaration demonstrates that the
aqueous dispersion of Gamon's EXAMPLE 1 and that the aqueous
dispersion of Braun's EXAMPLE 1 form cloudy elastomers, unlike
the transparent elastomers of the present invention which are
formed from dispersions comprising polyvinyl alcohol.
However, like the examiner, we find the declaration to be of
limited probative value. First, the limited showing of the
declaration is hardly commensurate in scope with the degree of
protection sought by appealed claim 1. In re Grasselli, 713
F.2d 731, 743, 218 USPQ 769, 778 (Fed. Cir. 1983). There is
no limitation in claim 1 that requires any elastomer prepared
from the defined dispersion to be transparent. Appealed claim
1 simply defines a dispersion comprising five very broadly
defined components. Secondly, appellants have not established
on this record that the declaration results would be
considered unexpected by one of ordinary skill in the art. In
re Merck & Co., 800 F.2d 1091, 1099, 231 USPQ 375, 381 (Fed.
-8-
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