Appeal No. 95-0246 Application 07/990,262 Claim 1 is representative: 1. A method for making clear, stable, aqueous micro- emulsions of polydiorganosiloxane which comprises: sequentially adding a precursor emulsion comprised of cyclopolydiorgano- siloxane, surfactant, and water to a polymerization medium comprised of water and an effective amount of a polymerization catalyst while mixing wherein the rate of addition of the precursor emulsion is effective to form a clear, stable microemulsion which has polydiorganosiloxane droplets of less than 0.15 micron average size, and which contains a surfactant to polydiorganosiloxane weight ratio of 0.15 to 5. The references relied on by the examiner are: Hyde et al. (Hyde) 2,891,920 June 23, 1959 Findlay et al. (Findlay) 3,294,725 Dec. 27, 1966 All of the appealed claims stand rejected under 35 U.S.C. § 103 as unpatentable over the Findlay reference, considered alone or in combination with Hyde. DISCUSSION Initially, we observe that the subject matter of this appeal was reviewed by another merits panel of the Board of Patent Appeals and Interferences (Board) in parent application Serial No. 07/439,751. See Paper Nos. 12 and 14 of the parent file (Appeal No. 91-3171). In the instant application, appellants have added claims 21 and 23, not previously considered by the Board. Appellants further rely on factual evidence submitted in this application but not previously before the Board. Specifically, appellants rely on the Gee affidavit, filed under the provisions of 37 CFR § 1.132, executed December 11, 1992, and -2-Page: Previous 1 2 3 4 5 NextLast modified: November 3, 2007