Appeal No. 1999-1066
Application No. 08/756,440
Katou contains any teaching or suggestion of the siloxane
condensation reaction and subsequent intermolecular cross-linking
reaction which the appellants’ claimed composition is required to
perform.
These circumstances persuade us that the examiner has failed
to carry her burden of establishing a prima facie case of
obviousness. It follows that we cannot sustain the section 103
rejection based on Hayase in view of Katou. We also cannot
sustain the remaining section 103 rejections advanced by the
examiner on this appeal because (as correctly argued by the
appellants and not disputed by the examiner) the additional
references applied therein do not supply the above discussed
deficiencies of Hayase and Katou.
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