Ex parte BISHOP - Page 4




          Appeal 1997-2375                                                            
          Application 08/376,282                                                      

          Plueddemann compositions, both the Jex "amine" and the                      
          Plueddemann disilyl crosslinker will react with the coupling                
          agent, and possibly with each other, to form a new "compound."              
          The result will not be a simple mixture of coupling agent, Jex              
          "amine" and Plueddemann disilyl compound.                                   
               While it is not the basis of the examiner's rejection, we              
          would also agree with applicant that there is no suggestion,                
          reason, teaching or motivation on the record for substituting               
          the Jex "amine" for the Plueddemann disilyl compound to make a              
          composition comprising a coupling agent and a Jex "amine."                  
               On this record, the examiner's rejection is based on                   
          impermissible hindsight.  Accordingly, it must be reversed.                 
                                      REVERSED.                                       





          ______________________________                                              
          WILLIAM F. SMITH,             )                                             
          Administrative Patent Judge   )                                             
          )                                                                           
          )                                                                           
          ______________________________)                                             
          FRED E. McKELVEY, Senior      ) BOARD OF PATENT                             
          Administrative Patent Judge   )  APPEALS AND                                
          ) INTERFERENCES                                                             
          )                                                                           
          ______________________________)                                             
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