Appeal 2007-1903
Application 10/047,024
composition was prepared by mixing the titanium-containing
hydrolyzed solution with Solution (A) from Example 1.
ANALYSIS AND CONCLUSIONS
Appellants have not presented separate arguments as to any particular
claim. Accordingly, we decide this appeal on the basis of claim 10 as to the
rejection of claims 1, 2, and 4-11 under 35 U.S.C § 102(b) as anticipated by
Nogami and claims 1-11 under 35 U.S.C § 103(a) as unpatentable over JSR,
taken with Nogami. We decide this appeal on the basis of claim 4 as to the
rejection of claims 4 and 5 under 35 U.S.C § 103(a) as unpatentable over
Nogami. 37 C.F.R. § 41.37(c)(1)(vii).
The Examiner found that Nogami discloses preparation of a
composition which is capable of being used as a lacquer coating. The
composition includes a hydrolyzed solution obtained by hydrolyzing a
tetraalkoxysilane of formula (1) in an organic solvent in the presence of an
alkaline catalyst to form silica particles as the hydrolyzed product. Findings
of Fact 1 and 7. The composition further includes a hydrolyzed product of a
tetraalkoxy titanium and/or a hydrolyzed product of an alkoxysilane.
Finding of Fact 1. Thus, the Examiner established a prima facie showing
that Nogami anticipates Appellants’ claimed starting material composition
comprising an organosilane compound, silica particles, a base, and a metal
alkoxide.
Appellants do not contest the aforementioned findings by the
Examiner. Rather, Appellants argue that Nogami fails to anticipate the
claims because (1) Nogami forms silica particles in situ and (2) Nogami
does not disclose a reaction mixture containing both an organosilane
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Last modified: September 9, 2013