Appeal No. 2002-0250 Page 2
Application No. 08/930,771
THE CLAIMED SUBJECT MATTER
Our primary focus, for purposes of this appeal, will be on the subject matter of claim 1.
Claim 1 reads as follows:
1. A tackified composition comprising (a) a polydiorganosiloxane polyurea
segmented copolymer comprising the reaction product of (i) at least one
polyamine, wherein the polyamine comprises at least one polydiorganosiloxane
diamine, or a mixture of at least one polydiorganosiloxane diamine and at least
one organic polyamine, and (ii) at least one polyisocyante [sic: polyisocyanate] ,
wherein the mol ratio of isocyanate to amine present during synthesis of the
reaction product was between 0.9:1 and 0.95:1 or between 1.05:1 and about 1.3:1,
and (b) silicate resins.
THE EVIDENCE
As evidence of unpatentability, the Examiner relies upon the following prior art
reference:
Leir et al. (Leir)WO 95/03354Feb. 02, 1995
(Int’l Patent Application Publication)
THE REJECTIONS
Claims 3-5 and 19 stand rejected under 35 U.S.C. § 112, ¶ 2 as indefinite. Claims 1, 3-
13, 15-17, and 19 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Leir. We
reverse the decision of the Examiner with respect to the rejection under § 112, ¶ 2, but we affirm
with respect to the rejection under § 103(a). Our reasons follow.
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