Appeal 2007-1679
Application 11/041,470
colloidal silica and an aluminum compound, such as aluminum
acetylacetonate.
Although Fujioka does not exemplify a composition comprising the
claimed hydrolysate of Formula (I) and colloidal silica, such exemplification
is not necessary for a finding of obviousness under § 103. As pointed out by
the Examiner, Fujioka expressly teaches that the combined use of the
hydrolysate and a colloidal silica "enables the formed article to exhibit
improved appearance and rigidity after a weather test" (col. 6, ll. 6-8).
Furthermore, Suzuki also discloses a coating composition with high scratch
resistance and tensile strength, as well as resistance to cracking, comprising
hydrolysates of epoxy group-containing silane compounds, such as γ-
glycidoxypropyltrimethoxysilane, hydrolysates of dialkoxy silanes, such as
dimethyldiethoxysilane, colloidal silica particles and an aluminum chelate.
Hence, we agree with the Examiner that Suzuki provides additional evidence
of the obviousness of including colloidal silica in the hardenable
composition of Fujioka.
Also, the hydrolysate of Fujioka which corresponds to Appellants'
Formula (I) is present in an amount of from 7.9% by weight to 85% by
weight, which range totally encompasses the claimed range of 8-16% by
weight and renders it prima facie obvious. In re Malagari, 499 F.2d 1297,
1303, 182 USPQ 549, 553 (CCPA 1974). In addition, Examples 12, 15, and
16 of Fujioka employ hydrolysates in accordance with claimed Formula (I)
in amounts of 15.3%, 16.0% and 12.1%, which amounts fall directly within
the claimed range.
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