Ex parte Asanuma et al.

Board of Patent Appeals and Interferences

Jan 22, 1999

08075857 (B.P.A.I. Jan. 22, 1999)

Application for patent filed June 11, 1993. According1
to appellants, the application is a continuation of
Application 07/804,726, filed December 11, 1991, now
abandoned.
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today (1)
was not written for publication in a law journal and (2) is
not binding precedent of the Board.
Paper No.33
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte TADASHI ASANUMA, KAZUHIKO YAMAMOTO
and KAORU KAWANISHI
__________
Appeal No. 95-3464
Application 08/075,8571
___________
HEARD: January 12, 1999
___________
Before WEIFFENBACH, OWENS, and WALTZ, Administrative Patent
Judges.
OWENS, Administrative Patent Judge.
DECISION ON APPEAL
Appeal No. 95-3464
Application 08/075,857
2
This is an appeal from the examiner’s refusal to allow
claims 6-9 as amended after final rejection. These are all of
the claims remaining in the application.
THE INVENTION
Appellants’ claimed invention is directed toward a method
for preparing molded articles of a crosslinked olefin wherein
crosslinking takes place in the molding machine. The articles
are made from a blend of polyolefin granules which contain a
hydrosilylation catalyst, polyolefin granules which contain a
copolymer of an alkenylsilane of a recited formula and an
olefin, and optionally polyolefin granules which contain
neither the hydrosilylation catalyst nor the copolymer of the
alkenylsilane and the olefin. Claim 6 is illustrative and
reads as follows:
6. A method for preparing molded articles of a
crosslinked polyolefin which comprises the steps of mixing two
kinds of polyolefin granules comprising polyolefin granules
containing a hydrosilylation catalyst and polyolefin granules
containing a copolymer of an alkenylsilane and an olefin, or
three kinds of polyolefin granules comprising said two kinds
of polyolefin graules and polyolefin granules containing
neither the hydrosilylation catalyst nor the copolymer of the
alkenylsilane and the olefin, and then heating, melting and
molding the mixture in a molding machine whereby a
crosslinking reaction occurs in the molding machine so as to
obtain a crosslinked article in the absence of contact with
water, said alkenylsilane having the formula:
Appeal No. 95-3464
Application 08/075,857
3
H C=CH-(CH ) -SiH R (1)2 2 n p 3-p
wherein n is an integer of from 0 to 12, p is an integer of
from 1 to 3, and R is a hydrocarbon residue having 1 to 12
carbon atoms.
THE REFERENCES
Topcik 4,798,864 Jan. 17,
1989
Asanuma et al. (Asanuma) 5,085,895 Feb. 4,
1992
(parent filed Dec. 15,
1988)
THE REJECTION
Claims 6-9 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Asanuma in view of Topcik.
OPINION
We have carefully considered all of the arguments
advanced by appellants and the examiner and agree with
appellants that the aforementioned rejection is not well
founded. Accordingly, we do not sustain this rejection.
Asanuma discloses a random copolymer of an alkenylsilane
Appeal No. 95-3464
Application 08/075,857
4
and an "-olefin (col. 1, lines 9-12), which is in the form of
a powder (col. 6, lines 8-9). The alkenylsilane can be one
which falls within formula 1 in appellants’ claim 1 (col. 2,
lines 50-62). The copolymer can be blended with a polyolefin
which contains no alkenylsilane (col. 4, lines 28-34). The
copolymer or blend can be molded into a sheet or film for use
in adhering two layers together (col. 5, lines 11-26), or can
be molded into a desired shape and coated with a material such
as a urethane or acrylic coating material (col. 2, lines 20-
23; col. 5, lines 31-36; col. 9, lines 37-48). Catalysts can
be added to the copolymer or blend to activate Si-H bonds to
improve the adhesive and coating properties of the molded
product (col. 4, lines 55-58). The disclosed catalysts
include palladium and platinum (col. 4, lines 58-62).
Topcik discloses a cured rubber composition made from a
blend which comprises a polyolefin and an ethylene-propylene-
diene rubber (col. 1, lines 40-50). The polyolefin can be
polyethylene, a hydrolyzable copolymer of ethylene and a
silane, or a hydrolyzable silane-modified polyethylene (col.
1, lines 42-45). The silane copolymer and silane-modified
polyethylene can be crosslinked by exposure to moisture, and
Appeal No. 95-3464
Application 08/075,857
5
the crosslinking is accelerated in the presence of a silanol
condensation catalyst (col. 2, lines 57-65). Premature curing
of the silane copolymer or silane-modified polyethylene is
prevented by keeping pellets of a masterbatch of a carrier
polymer containing the silanol condensation catalyst separate
from pellets of the blend of the terpolymer rubber and the
silane copolymer or silane-modified polyethylene prior to
molding or extrusion of the blend into the desired shape (col.
3, lines 39-48). The product of the molding or extrusion is
cured by immersing it in hot water (col. 3, lines 51-53).
The examiner points out that both Asanuma’s catalyst and
appellants’ catalyst can be palladium or platinum, and argues
that because these catalysts and the other materials are the
same in both Asanuma’s method and that of appellants, then if
crosslinking takes place in appellants’ method, it must take
place in Asanuma’s method (answer, pages 3-4). Thus, the
examiner argues, one of ordinary skill in the art would have
been motivated to use Topcik’s pelletization method to keep
Asanuma’s catalyst separate from the silane copolymer to
prevent premature curing (answer, page 3).
Asanuma does not mention crosslinking, but since
Appeal No. 95-3464
Application 08/075,857
6
Asanuma’s catalyst (col. 4, lines 58-62), like appellants’
catalyst (specification, page 12, line 15 page 13, line 2),
can be palladium or platinum, it appears that some
crosslinking can take place in Asanuma’s method. The
examiner’s argument is deficient, however, in that the
examiner has provided no evidence that any crosslinking which
would take place in Asanuma’s method is sufficient to have led
one of ordinary skill in the art to consider Topcik’s
pelletizing method to be desirable for preventing that amount
of crosslinking from taking place prematurely. Also, the
examiner has provided no evidence that Asanuma’s product can
be crosslinked to an extent which would have rendered Topcik’s
pelletizing method desirable to one of ordinary skill in the
art, and also have the activated Si-H bonds desired by Asanuma
for enhancing the adhesion and coatability properties of the
product (col. 4, lines 55-58).
The examiner argues that if crosslinking in the molding
machine is acceptable for making appellants’ products, then it
would be acceptable for the products of Asanuma (answer, page
Appeal No. 95-3464
Application 08/075,857
7
4). This argument is not well taken because it does not
account for the differences in the properties of appellants’
product and that of Asanuma. Appellants’ product is a
crosslinked polyolefin having improved heat resistance and
mechanical strength (specification, page 3, lines 16-20),
whereas Asanuma’s product is a sheet or film which adheres
well to other layers (col. 5, lines 11-26), or is a shaped
object to which coating material adheres well (col. 2, lines
20-23; col. 5, lines 31-34). The examiner has provided no
evidence which shows that a product which is crosslinked to
the extent of appellants’ product would have the adhesion
properties desired by Asanuma.
For the above reasons, we find that the examiner has not
set forth a factual basis which is sufficient to support a
conclusion of obviousness of the subject matter recited in any
of appellants’ claims.
Appeal No. 95-3464
Application 08/075,857
8
DECISION
The rejection of claims 6-9 under 35 U.S.C. § 103 as
being unpatentable over Asanuma in view of Topcik is reversed.
REVERSED
)
CAMERON WEIFFENBACH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
TERRY J. OWENS )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
THOMAS A. WALTZ )
Administrative Patent Judge )
Appeal No. 95-3464
Application 08/075,857
9
TJO/pgg
Robert Mukai
Burns, Doane, Swecker and Mathis
The George Mason Building
Washington & Prince Sts.,
P.O. Box 1404
Alexandria, VA 22313-1404