Appeal No. 1997-1807
Application No. 08/395,248
by the examiner in the answer and appellant in the 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. 4
Accordingly, we will not sustain the examiner's § 103
rejection.
Calhoun (column 2, line 58 through column 3, line 44)
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 (column
3, line 47 through column 6, line 28) 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
4We 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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