Appeal 2007-1895
Application 10/719,489
D) adding a catalytic amount of a catalyst to the organopolysiloxane
composition either prior to, during, or after step (C) at a temperature selected
from the group consisting of (i) below the decomposition temperature and
(ii) the activation temperature of the catalyst.
The Examiner relies on the evidence in these references:
Bilgrien US 5,153,238 Oct. 6, 1992
Boudreau US 6,444,154 B1 Sep. 3, 2002
Appellants request review of the ground of rejection of claims 1
through 16 under 35 U.S.C. § 103(a) as unpatentable over Bilgrien in view
of Boudreau (Br. 3; Answer 2-5).
Appellants separately argue claim 1 with the other claims standing or
falling therewith (Br., e.g., 15-16). Thus, we decide this appeal based on
claim 1. 37 C.F.R. § 41.37(c)(1)(vii) (2006).
The Examiner finds Bilgrien discloses blending a polydiorgano-
siloxane, a silica filler and a treating agent in a mixer to form a powder
composition at a temperature of from 100-200°C, cooling the powder
composition, and massing the powder composition to which has been added
a catalyst, wherein the blending of the powder composition and catalyst and
subsequently massing thereof are conducted at temperatures below about
40°C. The Examiner contends the steps meet the claimed process steps A,
C, and D but not step B. Answer 2-3 and 4, citing Bilgrien, e.g., col. 7,
l. 30. to col. 8, l. 2, col. 10, ll. 23-29, and Example 1. With respect to step B,
the Examiner finds Bilgrien discloses that after the powder composition has
been formed in the mixer, the powder composition is either cooled in the
mixer with mixing to ensure uniformity or discharged from the mixer, and in
either event, the composition is combined with the catalyst and massed (id.
3, citing Bilgrien, e.g., col. 9, ll. 20-30 and 42-59). The Examiner
3
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