Ex parte KHAN et al. - Page 14




          Appeal No. 1997-0926                                                        
          Application No. 08/552,045                                                  


          interfere with the ability of the polysiloxane component to                 
          crosslink.  There is simply no teaching in either Soper or                  
          Scarpelli that vitamin E or vitamin E acetate has the same                  
          "innocuous" effect as silicone oil.  Thus, absent the                       
          appellants’ own disclosure, we can think of no reason why one               
          of ordinary skill in this art would have been motivated to                  
          combine the diverse teachings of Wong and Soper or Scarpelli                
          as the examiner has proposed.  Accordingly, we will not                     
          sustain the examiner's rejection of claims 1 through 3.                     

                  The Rejection of Claims 4-9 Under 35 U.S.C. § 103                   
                   Over Wong in view of Soper, Scarpelli and Hyans                    

               For the reasons set forth above, we will also not sustain              
          the rejection of claims 4 through 9 under 35 U.S.C. § 103                   
          based on Wong, Soper, Scarpelli and Hyans.                                  




                                                                                     


                                     CONCLUSION                                       
               To summarize, all of the rejections of claims 1 through 9              

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