Appeal No. 96-0937
Application 08/203,723
of establishing a prima facie case of anticipation has been properly discharged.
Accordingly, we reverse the two rejections.
Other Issues
There are disclosures in Bolich N646 and Bolich N658 which appellants and the
examiner have not discussed on this record which are relevant in determining the
patentability of the claims on appeal. We direct attention to Example XI of Bolich N646
and Example XIX in Bolich N658. Each of these examples is directed to a hair styling
rinse composition which comprises in relevant part a silicone macromer-containing
copolymer, a volatile silicone fluid, and water. What has not been considered on this
record is whether the silicon gum/fluid premix component of these compositions can be
considered to be the nonvolatile plasticizer of the present invention.
Each of these examples contains a premix which comprises a polydimethyl
siloxane gum and a 350 centistoke polydimethyl siloxane fluid. The 350 centistoke
polydimethyl siloxane fluid may be the nonvolatile plasticizer of the claimed invention
for a number of reasons. First, the present specification at page 17, lines 25-31, states
that the nonvolatile plasticizer of the present invention may be a methyl alkyl silicone.
Preferred methyl alkyl silicones are described at page 18, lines 30-31 as having C -
2
C alkyl and from 1 to about 500 siloxane monomer units. Second, we point to the
20
disclosures appearing at column 10, line 32 - column 11, line 7, of Bolich N658 and
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