Ex Parte Adams et al - Page 2


         Appeal No. 2003-0878                                                       
         Application No. 09/575,903                                                 


              polysiloxane block, the process comprising the steps                  
              of:                                                                   
                   (a) forming a polysiloxane macroinitiator by a                   
              nucleophilic substitution reaction between (i) a                      
              polysiloxane which is end capped with at least one                    
              group capable of nucleophilic attack via its O, N, or                 
              S atom and (ii) a radical initiator comprising at                     
              least one –C(O)X group, in which X is a leaving group                 
              capable of substitution by the nucleophilic O, N or S                 
              atom of polysiloxane (i)[1] and at least one organic                  
              halide group capable of generating a radical in the                   
              presence of a transition metal catalyst; followed by:                 
                   (b) reacting the organic halide groups of the                    
              polysiloxane macroinitiator so obtained with radically                
              polymerizable monomers in the presence of a catalytic                 
              amount of a Cu(I) salt or other transitional metal                    
              species to form a polysiloxane block copolymer.                       
                   3.  A polysiloxane block copolymer obtainable by                 
              the process of claim 1.                                               
                   5. A cosmetic and personal care composition                      
              comprising the polysiloxane block copolymer of claim                  
              3.                                                                    

              The examiner relies upon the following references as                  
         evidence of unpatentability:                                               
         Kumar et al. (Kumar)          EP 0 413 550 A2 Feb. 20, 1991                
         Tsubakihara et al. (Tsubakihara)  5,840,291       Nov. 24, 1998            
         Matyjaszewsi et al.(Matyjaszewski) WO 98/01480    Jan. 15, 1998            

              Claims 1, 3, and 4 stand rejected under 35 U.S.C. § 103 as            
         being unpatentability over Kumar in view of Matyjaszewski.                 


                                                                                    
         1   We notice the use of “(i)”, for a second time, in this claim.   We are uncertain whether the use of “(i)” for a
         second time in this claim is correct and was intended.  Upon further prosecution we encourage both the examiner
         and appellants to work together to clarify this issue.                     

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