Appeal No. 2003-0878
Application No. 09/575,903
Claims 5 and 6 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Kumar in view of Matyjaszewski and
Tsubakihara.
On page 11 of the Brief, appellants state that claims 1, 3
and 4 stand or fall together, and that claims 5 and 6 stand or
fall together. However, at the bottom of page 14 and at the top
of page 15 of the Brief, appellants rely upon the same arguments
for each of these sets of claims. We believe this is because
the subject matter of claims 5 and 6 is directed to a “cosmetic
and personal care composition” according to the polysiloxane
block copolymer made by the process of claim 1. Nevertheless,
based on appellants’ claim grouping, we select claims 1 and 5 as
representative of the claims on appeal Accordingly, claims 3 and
4 will stand or fall together with claim 1, and claim 6 will
stand or fall together with claim 5. 37 CFR § 1.192(c)(7)(2002).
OPINION
We have carefully reviewed appellants’ Brief and the
examiner’s Answer. This review has led us to conclude that the
examiner’s 35 U.S.C. § 103 rejection is well founded for the
reasons set forth below.
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