Appeal 2007-1895
Application 10/719,489
hot flowable organosiloxane powder composition with mixing in the mixer
to provide uniformity to the composition prior to the steps of catalyst
addition and massing would have motivated one of ordinary skill in this art
to cool, with mixing, the hot flowable organosiloxane powder composition
transferred from the mixer prior to the same steps. Indeed, the Examiner
properly further supports this position with the findings of the differences in
the temperature of the hot flowable organosiloxane powder composition at
the end of the blending step and the temperature of the composition when
the catalyst is added and the composition massed disclosed by Bilgrien. The
Examiner finds Boudreau would have disclosed the use of a jacketed mixer
to cool a similar hot liquid organosiloxane composition transferred to the
cooler from an extruder used to blend the composition prior to the addition
of a catalyst thereto. Thus, we agree with the Examiner’s conclusion that
one of ordinary skill in this art would have been led by the combined
teachings of the references to use the jacketed cooler of Boudreau to cool the
hot flowable organosiloxane powder composition transferred from the mixer
prior to the steps of catalyst addition and massing in the reasonable
expectation of achieving the results taught by Bilgrien for the process
disclosed therein.
Accordingly, on this factual record, we agree with the Examiner that
one of ordinary skill in this art routinely following the combined teachings
of Bilgrien and Boudreau would have reasonably arrived at the claimed
invention encompassed by claim 1, including all of the elements thereof
arranged as required therein, without recourse to Appellants’ Specification.
See, e.g., In re Dow Chem. Co., 837 F.2d 469, 473, 5 USPQ2d 1529, 1531
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