Appeal No. 1997-0530
Application 08/312,493
line 33). Thus, Haubennestel’s lacquer includes a base first
polymer within the Markush group recited in appellants’ claim
1, and a copolymer having polymeric units selected from
polysiloxanes.
Regarding appellants’ second polymer, which is a
polysiloxane, the examiner argues that Haubennestel discloses
including in the lacquer a polyester-modified siloxane as a
binder (answer, pages 5 and 12-14). In the portion of
Haubennestel relied upon by the examiner (col. 11, lines 24-
36), the reference teaches that varying the constitution of
the polyester in the polyester-containing polysiloxane permits
a desired degree of compatibility to be achieved with the
polymers used as binders for the lacquer, and teaches that
“phthalic acid polyester-modified siloxanes are, for example,
advantageously utilized for binders based on phthalate esters”
(col. 11, lines 31-33). This is a teaching that phthalic acid
polyester-modified polysiloxanes of the invention are used in
combination with binders based on phthalate esters. Contrary
to the examiner’s argument (answer, page 14), it is not a
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