Ex Parte Wu et al - Page 10



          Appeal No. 2005-2522                                      Page 10           
          Application No. 09/841,453                                                  

          17, which depends on claim 20, via claims 8 and 7, adds to claim            
          20 the further proviso that the surface modification agent is not           
          only reactive with silanol, but was prepared via a monomer                  
          reaction with water in a solvent and wherein additional monomer,            
          which itself is reactive with silanol, is added after the                   
          reaction with water.  As noted above, however, the claimed                  
          subject matter is drawn to a product, not a process.  Thus, claim           
          17 requires an oligomer or polymer that can be formed via                   
          hydrolysis (reaction with water) and that includes at least some            
          excess silanol reactive monomer therewith.                                  
               As we noted above, Grainger discloses a silanol (SiOH)                 
          reactive polymer that imparts hydrophobic properties to a                   
          dielectric or other material.  The polymer of Grainger (column 2,           
          lines 35-47 can include repeating units of the general formula -            
          Si-O-.  Grainger (column 5, line 4) teaches that hydroxyl                   
          functional groups can be employed in forming the polymer, such as           
          OC(O)CH .  Thus, Grainger suggests using monomers including3                                                                    
          hydroxyl or silanol reactive functional groups in forming the               
          polymer.  The examiner has found that Burns teaches that                    
          organosilicon monomers are useful hydrophobic property                      
          modification agents for silica.  Based on the combined teachings            
          of the applied references, the examiner has determined that one             





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