Appeal No. 2005-2522 Page 14
Application No. 09/841,453
Grainger to show that the use of hydroxyl group (silanol)
reactive polymers for forming coatings on films, such as porous
silica films, is well known for imparting hydrophobic properties.
See, e.g., column 12, line 51 through column 13, line 14 of
Grainger. Accordingly, we do not find appellants’ argument
persuasive. This is because the obviousness-type double
patenting rejection is based on the combination of the claimed
subject mater of Rutherford with Grainger , not on the claims of 7
Rutherford standing alone.
Appellants argue that Grainger does not teach the formation
of a porous film which is hydrophobized. We disagree. Grainger
discloses that the polymeric coating disclosed therein can be
applied to microporous structures such as silica gel and that the
coating can impart hydrophobic properties. See, e.g., column 13,
lines 20-33 and column 4, lines 50-56 of Grainger. Thus, one of
ordinary skill in the art would have been led to employ polymer
films that are reactive with silanol in combination with the
between this application and Rutherford (U.S. Patent No.
6,318,124).
7The examiner also relies on Kotelnikov. However, we need
not discuss the latter reference as we find that the claims of
Rutherford in combination with Grainger are sufficient to make
out a prima facie case of obviousness-type double patenting.
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