Appeal No. 1996-2336
Application 08/270,345
and 12, now require that “said cyclicsiloxane or mixture of
cyclic siloxanes have not been mechanically pre-emulsified
prior to addition into the mixture (I)”. Also, dependent
claims 13-19, which depend directly or indirectly from claim
12, have been added.
We have carefully considered all of the arguments
advanced by appellant and the examiner and do not find
reversible error in the examiner’s rejections under 35 U.S.C.
§§ 102(b) and 103. Accordingly, we affirm these rejections.
However, because our
rationale differs substantially from that of the examiner, we
denominate the affirmances as involving new grounds of
rejection under 37 CFR § 1.196(b). We do not sustain the
rejections under 35 U.S.C. § 112, first paragraph.
Appellants state that with respect to the prior art
rejections, claims 2 and 3 stand or fall separately and the
claims in the following groups stand or fall together:
1) claims 1 and 6-11, and 2) claims 12-19 (brief, pages 5-6).
Therefore, in our discussion of the prior art rejections, we
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