Appeal No. 1997-0311
Application No. 08/340,017
comprises a diorganosilanolate. On the other hand, the
aqueous dispersions of the claimed invention do not comprise
either of these two components. While appellants have
presented objective evidence that exemplified dispersions of
Gamon and Braun produce cloudy elastomers, the examiner has
failed to advance any objective evidence that aqueous
dispersions within the scope of Gamon and Braun inherently
produce transparent elastomers.
In conclusion, based on the foregoing, we affirm the
examiner's rejection of claims 1-5, 7, 8 and 10 over Gamon, as
well as the examiner's § 103 rejection of claims 1-5 and 7-11
over Braun in combination with Sittenthaler. The examiner's
§ 103 rejections of claim 12 are reversed. The examiner's
decision rejecting the appealed claims is affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under
37 CFR § 1.136(a).
AFFIRMED-IN-PART
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
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