Appeal No. 2000-1804
Application 08/668,598
The organosilsesquioxane polymer described in the Bagley patent is a true
polymer: it consists of large molecules of recurring long chain structural units,
each molecule having a molecular weight of about 10,000. It is prepared by
reacting an alkyltrialkoxysilane precursor at elevated temperatures for many
hours. The organosilsesquioxane polymer is a solid at room temperature. It is
soluble in organic solvents, and insoluble in water. In contrast, the
alkyltrialkoxysilane described in the Cuthbert and Stark-Kasley patents consists
of molecules having low molecular weights. The alkyltrialkoxysilane is a liquid at
room temperature. It is soluble in water. (Declaration of Crosby, page 3,
paragraph 4, lines 7 - 15).
We are of the opinion that, on balance, the Examiner has not carried his burden
of showing a prima facie case of obviousness. While it is indeed true that the polymers
are related, it appears to us that the relationship is more of a precursor-final product
relationship than an analogous structure relationship. In Bagley, it appears that the
claimed organosilsesquioxane polymer is prepared by the hydrolysis and condensation
of methyltriethoxysilane (column 3, lines 37-39), and we note that the claims of the
instant application require n to be between 10 and 200, which indicates a significant
number of repeating units must be present.
The Stark-Kasley reference discloses an aqueous solution of water, an
alkyltrialkoxysilane or blend of alkyltrialkoxysilanes each with C1 to C10 alkyl groups on
silicon, a silane coupling agent having a reactive organofunctional group which is an
amino or quaternary ammonium functional group, and a blend of petroleum and
synthetic waxes. (Stark-Kasley, column 1, line 65 - column 2, line 7). The Cuthbert
reference discloses an aqueous solution of a water soluble coupling agent and an
alkyltrialkoxysilane. (Cuthbert, column 3, lines 43-50).
The Examiner has not provided us with any evidentiary or factual support to
undergird his conclusion that the inclusion of the compounds from the references within
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