Appeal 2007-1903
Application 10/047,024
of Si-OH groups and prevents premature gelation. Specification 1:23-25.
Independent claims 1 and 10 are illustrative of the invention:
1. A method for producing a lacquer composition, the method
comprising the step of adding silica particles to a reaction mixture
comprising a first organosilane compound and a metal alkoxide under basic
conditions, resulting in a lacquer composition containing silica particles.
10. A starting material composition for obtaining a lacquer
composition, the starting material composition comprising an organosilane
compound, silica particles, a base, and a metal alkoxide.
The references relied upon by the Examiner are:
Nogami US 5,700,391 Dec. 23, 1997
JRS Corp. EP 1 022 318 A2 Jul. 26, 2000
The Examiner made the following rejections:
1. Claims 1, 2, and 4-11 under 35 U.S.C � 102(b) as anticipated by
Nogami.
2. Claims 4 and 5 under 35 U.S.C � 103(a) as unpatentable over
Nogami.
3. Claims 1-11 under 35 U.S.C � 103(a) as unpatentable over JSR,
taken with Nogami.
ISSUE
The Examiner contends that Nogami discloses each and every feature
of Appellants’ claimed invention. Appellants contend that Nogami fails to
anticipate the claims because Nogami does not teach the addition of silica
particles and does not disclose a reaction mixture containing both an
organosilane compound and a metal alkoxide under basic conditions. The
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