Appeal No. 97-1489
Application No. 08/478,158
fiber-reinforced ceramic composites, comprises about
75-99% by weight of a low molecular weight
polysilazane and about 1-25% by weight of an
unsaturated organic or organosilicon compound
containing at least two alkenyl groups, preferably
methylvinylcyclosilazane.
The examiner has failed to explain how the organic
compositions disclosed in Liimatta provide an elemental
carbon-free material under pyrolysis. Absent a more factually
specific statement of the rejection, we cannot sustain the
rejection of claims 1 and 21-39 under 35 U.S.C. § 103 as3
being unpatentable over the combination of Boyd and Liimatta.
See In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444
(Fed. Cir. 1992) (the examiner bears the initial burden of
presenting a prima facie case of unpatentability).
Based on the record before us, the decision of the
examiner is reversed.
REVERSED
3 Claims 21-39 are dependent on independent claim 1.
See 37 CFR § 1.75(c) ("Claims in dependent form shall be
construed to include all the limitations of the claim
incorporated by reference into the dependent claim.").
5
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007