Appeal No. 2003-0635
Application No. 09/196,818
in the emulsion in insoluble form. Also, we note that there is
general correspondence between methods by which the compositions
of Houiellebecq and appellants are prepared. Specifically,
appellants' specification states that the emulsions may be
prepared "by emulsifying the silicone with water and an
emulsifier (mixing the silicone into a heated solution of the
emulsifier for instance)" (page 8, lines 28-30), whereas
Houiellebecq discloses that the preparation process preferably
includes an emulsion base and that "the hydroxy functional
silicone derivative is dissolved in the solubilising or
suspending agent, such as a long chain fatty alcohol, ester or
ketone, by warming to a temperature of from about 70°C to 80°C"
(page 4, lines 4-6). Manifestly, insofar as elevated
temperatures are required to dissolve or suspend the hydroxy
functional silicone derivative, the hair treatment composition,
at room temperature, would include the derivative in an insoluble
form.
As for the claim 2 requirement that the ratio of amino
functionalized silicone to hydroxyl functionalized silicone is
1:2 or less, the examiner has properly noted that Houiellebecq
teaches a range of ratios which encompass the claimed ratio,
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