Appeal No. 1999-0715
Application No. 08/486,173
admission by appellants is the fatal flaw in the rejection.
Appellants
emphasize that no such admission has been made in their
specification. Appellants stress at page 7 of the brief that
“Claim 1 does not merely recite a silver-silicone paste but
sets forth that the ‘paste’ is ‘mixed with a hardening agent,
and
nowhere do Appellants state that this claimed mixture is known
or available commercially”. Appellants also submit at page 8
of the brief that they “pointed out in the Amendment filed
September 19, 1997, that the ‘step of providing a metal-based
material ‘composed of a silver-silicone paste mixed with a
hardening agent . . .’’ was not taught by the prior art”
(paragraph 3). Accordingly, although the examiner correctly
finds that the specification indicates that both the silver-
silicone paste and hardening agent were known in the prior art
and commercially available, there is no admission in
appellants’ specification that a mixture of the paste and
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