Appeal No. 1996-3214 Page 4
Application No. 08/195,897
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are : 2
Mendicino 4,083,856 Apr.
11, 1978
Gorshkov et al. (Gorshkov), Activity of Tetraorganoammonium
Salts of Platinum in Vulcanization of Siloxane Rubbers by a
Reaction of Hydrosilation (translation submitted by C.
Cameron), International Polymer Sci. and Tech., Vol. 16, No. 7
(1989).
This merits panel of the Board of Patent Appeals &
Interferences cites and discusses the following patent.
Crivello et al. (Crivello) 5,583,194 Dec. 10,
1996
(filed Feb. 14, 1994)
2An additional reference (Journal of American Chemical
Society, Volume 112, page 5998 et seq.) is listed by the
examiner as a prior art reference relied upon in the rejection
(answer, page 2). However, that reference was not mentioned in
the examiner's stated § 103 rejection (answer, pages 3 and 4)
that is before us for review. Where a reference is relied on
to support a rejection, whether or not in a minor capacity,
that reference should be positively included in the statement
of the rejection. In re Hoch, 428 F.2d 1341, 1342 n.3, 166
USPQ 406, 407 n.3 (CCPA 1970). Accordingly, we will not
consider the teachings of the Journal of American Chemical
Society, Volume 112, page 5998 et seq. in determining whether
or not the examiner has presented a prima facie case of
obviousness.
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