Appeal No. 2000-1804
Application 08/668,598
DISCUSSION
The Invention
The Appellant’s invention relates to a method for treating wood composition
boards to reduce water penetration. The wood composition board is coated or
impregnated with an organic solvent soluble further curable resin consisting essentially
of a ladder organosilsesquioxane polymer of the claimed structure, and then cured.
The Rejection of Claims 1, 2, 7, 21-28, 34, 35, and 37 Under 35 U.S.C. § 103(a)
Claims 1, 2, 7, 21-28, 34, 35, and 37 stand rejected under 35 U.S.C. §103(a) as
being unpatentable over Bagley in view of either Cuthbert or Stark-Kasley or vice versa.
The Examiner has found that Bagley teaches the claimed organosilsequioxane polymer
as a water barrier film on a silica fiber which is coated and cured from a solution at a
desired viscosity prepared by an organic solvent. Bagley, it is said, does not teach
coating a wooden article. (Examiner’s Answer, page 3, line 7 - page 4, line 4). Cuthbert
is said to teach a water-repellent aqueous silane composition which can include
polyorganosilanes and is said to be suitable for wood or masonry. (Examiner’s Answer,
page 4, lines 7 - 15). Stark-Kasley is additionally said to teach a water repellent
organosilicon composition for cellulose or masonry surfaces. (Examiner’s Answer, page
4, line 16 - page 5, line 3).
The Examiner thus concludes that it would have been obvious for one skilled in
the art at the time the invention was made to have treated either Cuthbert or Stark-
Kasley’s wood article with Bagley’s polymer because of the expectation of achieving
similar success in creating a water repellent article. (Examiner’s Answer, page 5, lines
4-8).
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