Ex Parte Maxon et al - Page 2




            Appeal No. 2004-0600                                                    Paper 16                  
            Application No. 10/024,983                                              Page 2                    
            linear silicone polyether, an ",T-diene crosslinked silicone elastomer, and a nonionic            
            organic emulsifier.  The W/O emulsion is free of silicone elastomers prepared using               
            unsaturated compounds containing silicon atoms."  [Specification, ¶ 7.]                           
            2.     Claim 7 is illustrative and reads (paragraphing added):                                    
                         A composition comprising a water-in-oil (W/O) emulsion having a                      
                   discontinuous aqueous phase dispersed in a continuous oil phase,                           
                   the continuous oil phase of the W/O emulsion comprising                                    
                         a linear silicone polyether,                                                         
                                the linear silicone polyether having a rake type structure                    
                                wherein the polyoxyethylene or polyoxyethylene-                               
                                polyoxypropylene copolymeric units are grafted onto a                         
                                siloxane backbone, or                                                         
                                the linear silicone polyether having an ABA block                             
                                copolymeric structure wherein A represents the polyether                      
                                portion and B represents the siloxane portion of an ABA                       
                                structure;                                                                    
                         a non-emulsifying ",T-diene crosslinked silicone elastomer having                    
                         no oxyalkylene units in its structure; and                                           
                         a nonionic organic emulsifier selected from the group consisting of                  
                         carboxylated alcohol ethoxylates, carboxylated alkylphenol                           
                         ethoxylates, ethoxylated alcohols, ethoxylated fatty acids,                          
                         ethoxylated fatty esters, ethoxylated fatty oils, glycerol esters,                   
                         polyglycerol fatty esters, ethoxylated glycerol esters, sorbitan                     
                         derivatives, sucrose esters and their derivatives, and glucose                       
                         esters and their derivatives;                                                        
                   the W/O emulsion being free of silicone elastomers prepared using                          
                   unsaturated compounds containing silicon atoms.                                            
            3.     According to the specification (¶ 22),                                                     
                   ...the term ",T-diene crosslinked silicone elastomer is intended to mean                   
                   ",T-diene crosslinked silicone elastomers having no oxyalkylene units in                   
                   their structure.  They have been referred to generally in the art as non-                  





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