Appeal No. 96-0937
Application 08/203,723
point out that claim 1 does not appear to require that the nonvolatile plasticizer be
present in any particular part or phase of the composition. In this regard, appellants
should take into account that the hair styling rinse composition of the above identified
examples of the Bolich patents is formed by mixing all of the components to
homogeneity. As seen from Examples VIII and IX of the present specification, the
present compositions are also mixed to form a homogeneous mixture. Thus, it would
appear reasonable to expect that if the 350 centistoke polydimethyl siloxane fluid or the
nonvolatile polyalkyl siloxanes of the Bolich patents meet the solubility requirement of
claim 1(a)(iii) on appeal, the resulting homogeneous composition of either reference
would appear to be indistinguishable from the homogeneous composition of the present
invention.
The decision of the examiner is reversed.
REVERSED
Bruce H. Stoner, Jr., Chief )
Administrative Patent Judge )
)
) BOARD OF PATENT
Sherman D. Winters ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
William F. Smith )
Administrative Patent Judge )
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