Appeal 1997-2575
Application 08/524,661
The only distinction between Example 3 and the
applicant's claims is the amount of the ketoximosilane
present [in Example 3 of Beers is] 1.24 moles of
ketoximosilane per mole of silanol in the composition
[whereas applicant claims an amount greater than 1.3].
15. The figure 1.24 is based on calculations made by
applicant and apparently accepted by the examiner. See, e.g.,
Appeal Brief, pages 4-5; Examiner's Answer, page 4.2
16. In his answer, the examiner further explains,
correctly in our opinion, that if the silanol [hydroxyl]
content of water in the filler is not considered, then Beers
ketoximosilane to silanol ratio would be 12.1 which is
manifestly outside the scope of the ketoximosilane to silanol
The calculations arriving at the 1.24 figure, which had been presented earlier2
in the prosecution by applicant, are based on an assumption that the Beers
dimethylpolysiloxane having a viscosity of 11,000 Centipoise (in Beers Example 3) has a
molecular weight of 61,000 (Appeal Brief, page 6). We note that at one point in the
prosecution, the examiner observed (Paper 8, page 2):
It is possible that the applicant's assumption made when calculating the
crosslinker to silanol [hydroxyl] content (i.e., molecular weight) are
incorrect.
The examiner apparently did not pursue the molecular weight assumption made by applicant
based on the polymer viscosity. We have no occasion to second-guess either the
applicant or the examiner.
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