Appeal No. 2006-0856
Application No. 10/148,993
(co)polymers but is limited to monomers (e.g., see page 2). Eaborn teaches that a
silane monomer may contain a Si-Si bond if it is at least a disilane (silane per se is SiH4;
see page 2). Eaborn further teaches that siloxane monomers may contain a Si-O-Si
bonding if the compound is at least a disiloxane (page 2; see also pages 3 and 228).
Similarly appellants’ arguments concerning the specific formulas disclosed by
Egitto are directed to the monomers used by Egitto to form the polysilanes and
polysiloxanes useful in the polymer blend (Brief, page 4; Reply Brief, pages 1-2; see
Egitto, col. 3, ll. 1-8, and col. 4, ll. 1-10). Whether these monomers are characterized as
substituted silanes (with methoxy groups) or siloxanes is not important since the
teachings of Egitto make it
clear that polysiloxanes are the desired product, i.e., a polymer.2
For the foregoing reasons, we determine that the examiner has established a
prima facie case of obviousness in view of Egitto. Based on the totality of the record,
including due consideration of appellants’ arguments, we determine that the
preponderance of evidence weighs most heavily in favor of obviousness within the
meaning of section 103(a). Therefore, we affirm the examiner’s rejection of claims 2, 4-
2We note that appellants discuss Egitto on page 2 of the specification and describe this
patent as containing examples to “a silane or siloxane” (page 2, l. 18).
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