Ex Parte Nixon - Page 4



          Appeal No. 2005-0484                                                        
          Application No. 09/888,696                                                  

          composition which, like the appellant’s claimed composition,                
          includes, inter alia, an alkoxysilyl-functional acrylic polymer             
          (Yamaki component B), and a polysiloxane diol (Yamaki component             
          C).                                                                         
               The basic issue before us is whether it would have been                
          prima facie obvious, within the context of 35 U.S.C. § 103, to              
          formulate a composition of more than 70% by weight solids based             
          upon the teachings of Yamaki.                                               
               We agree with the examiner that the Yamaki disclosure does             
          embrace formulations containing a solids content of greater than            
          70% by weight.  In this regard, we note that the Yamaki                     
          composition includes five essential components: A, B, C, D, and E           
          (col. 4, l. 22-col. 5, l. 8).  Component A is an oligomer                   
          solution of an organosilane which contains colloidal silica in              
          dispersion (col. 7, ll. 15-20).  The amount of silica in the                
          composition as a whole can be as much as 40% by weight based on             
          the total amount of solids in the composition (col. 12, ll. 61-             
          64).                                                                        
               The appellant refers to the working examples given in Yamaki           
          as an indication of the solids content of components A, B, and D.           
          We agree with the examiner that the Yamaki disclosure is not                
          limited to its working examples.  Even so, the working examples             
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