Appeal No. 1997-0218
Application No. 08/182,757
Claim 43 further specifies that the mercapto-functional
silane comprises a gamma mercapto propyl triethoxy silane.
The mercapto-functional silane disclosed in Beckmann is a
gamma mercaptopropyltrimethoxysilane. Nevertheless, one
having ordinary skill in the art would have expected other
closely related mercapto-functional silanes, such as the
claimed gamma mercapto propyl triethoxy silane, to have the
same or similar properties as the gamma
mercaptopropyltrimethoxysilane disclosed in Beckmann.
Therefore, based on the record before us, it would have been
obvious to one having ordinary skill in the art to use a gamma
mercapto propyl triethoxy silane as an adhesion promoter in
the laminated safety glass disclosed in Beckmann. See In re
Hoch, 428 F.2d 1341, 1343-44, 166 USPQ 406, 409 (CCPA 1970)
(where prima facie case of obviousness is based on the
expectation that compounds which are very similar in structure
will have similar properties, applicant bears the burden of
establishing that there is an actual difference in
properties).
For the reasons set forth above, the rejection of claims
42 and 43 is affirmed.
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