Appeal No. 1997-0530
Application 08/312,493
teaching of using polyester-modified siloxanes as binders in
combination with non-siloxane based binders.
The examiner argues that Haubennestel’s polyester-
containing polysiloxane may be considered to be either
appellants’ copolymer or appellants’ polysiloxane second
polymer (answer, page 13). For the following reason, this
argument is not persuasive. As discussed above regarding the
rejection under 35 U.S.C. § 112, first paragraph, appellants’
claims require a copolymer which is distinct from the
polysiloxane second polymer. Thus, in order to meet
appellants’ claim requirements, two of Haubennestel’s
polyester-containing polysiloxanes would have to be used
together. Haubennestel does not disclose using his polyester-
containing polysiloxanes in combination, and the examiner has
not explained why, in view of Haubennestel’s above-discussed
teaching that the constitution of the polyester is selected so
that the desired degree of compatibility is obtained with the
polymeric binder, one of ordinary skill in the art would have
been led by the reference to use a combination of polyester-
containing polysiloxanes.
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