Ex parte PURINTON et al. - Page 5




          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.").                      
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