Ex parte MAVER - Page 4




                 Appeal No. 1997-1748                                                                                     Page 4                        
                 Application No. 08/394,935                                                                                                             


                 brief in support of their respective positions, we conclude                                                                            
                 that the examiner has not established a prima facie case of                                                                            
                 obviousness for the claimed subject matter.   Accordingly, we                2                                                         
                 will not sustain the examiner's § 103 rejection for reasons                                                                            
                 set forth in appellant's brief and as further discussed below.                                                                         
                          Calhoun (page 1) teaches that a blended polymeric                                                                             
                 composition containing at least one acid-functional vinyl                                                                              
                 polymer and at least one amino-functional siloxane polymer may                                                                         
                 be used as a quasi-crosslinked coating for various substrates.                                                                         
                 Calhoun (pages 3-5) further teaches that: (1) the amino-                                                                               
                 functional polysiloxane employed is water-insoluble albeit the                                                                         
                 blended polymer composition is soluble or dispersible in water                                                                         
                 and (2) an alkali or basic ingredient such as a volatile amine                                                                         
                 or ammonia is included in the composition to prevent reaction                                                                          
                 of the siloxane with the acid-functional moieties of the vinyl                                                                         
                 polymer.                            Morino (pages 1 and 2) discloses a silane-                                                         
                 modified macromolecular dispersion for use in a coating                                                                                
                 material that is taught as advantageous for its adherence to                                                                           
                 silicate glass.  The silane is described as water-soluble                                                                              

                          2We note that it is the examiner who bears the initial                                                                        
                 burden of presenting a prima facie case of obviousness in                                                                              
                 rejecting claims under 35 U.S.C. § 103.  See In re Rijckaert,                                                                          
                 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir. 1993).                                                                              





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