Ex Parte BILGRIEN et al - Page 2




          Appeal No. 1999-2201                                                        
          Application No. 08/704,063                                                  

          comprising mixing an organopolysiloxane containing certain                  
          specified higher alkenyl groups with an organohydrogensilicon               
          compound, a platinum group metal-containing catalyst, a silylated           
          acetylenic compound, and optionally a diluent (Brief, page 2).              
               Appellants state that “[n]o grouping of the claims is                  
          necessary for the purposes of this appeal.”  Brief, page 3.  We             
          construe this statement as meaning that the claims stand or fall            
          together (see the Answer, page 2, ¶7).  Accordingly, we select              
          independent claim 35 from the grouping of claims for each                   
          rejection and decide this appeal as to these grounds of rejection           
          on the basis of this claim alone.  See 37 CFR                               
          § 1.192(c)(7)(1997).  A copy of this claim is attached as an                
          Appendix to this decision.                                                  
               The examiner has relied upon the following references as               
          evidence of obviousness:                                                    
          Lee et al. (Lee)                4,032,502          June 28, 1977            
          Keryk et al. (Keryk)            4,609,574          Sep. 02, 1986            
          Isobe et al. (Isobe)            4,726,964          Feb. 23, 1988            
          Kurita et al. (Kurita)          4,839,452          Jun. 13, 1989            
          Hara et al. (JP ‘786)           1-12786            Mar. 02, 1989            
          (published Japanese Kokoku Patent)1                                         
          Hara et al. (Hara), “Retardation effect by acetylene derivatives            
          on hydrosilylation.  Estimation of the retarder’s capability by             

               1We rely on and cite from a full English translation of this           
          document, previously made of record.                                        
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