Appeal 2006-2802
Application 10/640,367
Gosset suggests the equivalency of siliconates and carboxylate-group containing
polymers as water-repelling agents, thereby further suggesting that siliconates
would have been selected as hydrophobic compounds which contain the requisite
functional group, such as a carboxylate group, in the process of Lohmer.
The sole argument with respect to the Section 103 rejection advanced by
Appellant is that Gosset teaches an entire coating material which contains the
siliconate, and, therefore, “why would one skilled in the art, having the Lohmer, et
al patent in hand, be directed to segregate the potassium silicate [sic, siliconate] of
Gosset, et al and apply it as a second coating to the treated substrate?” (Br. 5, third
paragraph). However, this argument misses the thrust of the Examiner’s rejection.
The Examiner does not propose segregating the treating composition of Gosset to
use only one of its components but, rather, it is the Examiner’s position that Gosset
evidences that siliconates and polymers containing carboxylate functional groups
were known in the art as water-repelling agents that would be suitable for the
Lohmer process. On the other hand, Appellant has proffered no reason why one of
ordinary skill in the art would have been dissuaded from selecting a siliconate as a
suitable hydrophobic material in the process of Lohmer.
As a final point, we note that Appellant bases no argument upon objective
evidence of nonobviousness, such as unexpected results, which would serve to
rebut the prima facie case of obviousness established by the Examiner.
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