Appeal 2007-1679
Application 11/041,470
The Examiner relies upon the following references as evidence of
obviousness:
Suzuki US 4,211,823 Jul. 8, 1980
Fujioka US 4,405,679 Sep. 20, 1983
Appellants' claimed invention is directed to a hardenable composition
consisting essentially of a hydrolysate of a silane containing an epoxy group
and three alkoxy groups, a hydrolysate of a silane of recited Formula (I),
colloidal silica and an aluminum compound, such as an aluminum chelate.
The hydrolysate of a silane of Formula (I) comprises 8-16% by weight of the
theoretical dry content of the composition. The hardenable composition can
be used to form an abrasion resistant coating on, for example, an ophthalmic
lens substrate.
Appealed claims 8-47 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Fujioka in view of Suzuki.
We have thoroughly reviewed each of Appellants' arguments for
patentability. However, we find ourselves in complete agreement with the
Examiner's reasoned analysis and application of the prior art, as well as his
cogent and thorough disposition of the arguments raised by Appellants.
Accordingly, we will adopt the Examiner's reasoning as our own in
sustaining the rejection of record, and we add the following for emphasis
only.
There is apparently no dispute that Fujioka, like Appellants, discloses
a hardenable, abrasion resistant coating that may comprise the presently
claimed hydrolysate of a silane containing an epoxy group and three alkoxy
groups, such as γ-glycidoxypropyltrimethoxysilane, a hydrolysate of a silane
in accordance with Appellants' Formula (I), such as dimethyldiethoxysilane,
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