Ex parte KELLER et al. - Page 6







               obviousness.  The basic premise of the rejection is that each of the references teaches boron-                       

               carbon-silicon ceramic products produced from preceramic polymers, which products are                                

               patentably indistinguishable from the claimed subject matter.  See the examiner’s rejection of                       

               March 12, 1996, page 3.  We disagree.                                                                                

               We find that Riccitiello (’728) discloses an organic silicon-boron ceramic material prepared                         

               by pyrolyzing polyorganoborosilanes at high temperatures.  Ceramic materials are produced                            

               which have SiC, SiB , SiB , and B C moieties which are the result of thermal degradation.4     6        4                                                                               
               See column 1, lines 15-20.  See also column 4, lines 24-28.  We further find that Riccitiello                        

               (’728) discloses repeating units having B-Si bonds present.  See column 3, lines 11-18.  It                          

               cannot be ascertained and the examiner has provided no evidence that B-Si bonds are present                          

               in the ceramic of the claimed subject matter.  Moreover, we determine that there is little                           

               structural similarity between the ceramic prepolymer of Riccitiello (’728) prior to pyrolysis                        

               and the ceramic prepolymer of the claimed subject matter.  Accordingly, no conclusions can be                        

               drawn as to the similarities of the final ceramic product obtained by patentee and that of the                       

               claimed subject matter.                                                                                              

               Similarly, we find that Riccitiello (’278) discloses an organic-inorganic polymer comprising                         

               boron-carbon-silicon and the ceramic produced by pyrolysis of the polymer. See column 1,                             

               lines 20-24, and 35-38.  We further find that patentee states, “[t]he reaction of borane and                         

               vinylsilane(s) gives various products depending on the starting material.”  See column 3, lines                      


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