Appeal No. 1997-1807
Application No. 08/395,248
1 and 2) discloses a silane-modified macromolecular dispersion
for use in a coating material that adheres to silicate glass.
The silane is described as water soluble (Morino, page 6).
According to the examiner (answer, page 4),
[i]t would have been obvious to one of ordinary
skill in the art at the time the invention was made
to use the aminosilanes of JP '305 in Calhoun '612
and expect them to function equivalently to produce
the claimed method of combining the components of
the blend composition for applying the blend coating
to chalky substrates to improve adhesion. Amino
silanes are
known adhesion promoting agents.
The difficulty we have with the examiner's stated
position stems, in part, from the fact that the examiner has
not pointed to any particularized teaching of either of the
applied references which would have suggested that the
addition of the silane of Morino (JP '305) to Calhoun would
function to improve adherence to chalky substrates as posited
by the examiner as a basis for adding or substituting the
silane of Morino for one or more of the ingredients of the
composition of Calhoun and applying such a modified
composition to a chalky substrate. Nor has the examiner
furnished any other convincing rationale for the proposed
modification of Calhoun including a detailed explanation as to
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