Appeal No. 95-0415
Application 08/013,877
thus be useful in the same manner as the applied prior art. Both
Cobb (column 2, line 61 - column 3, line 32) and Bolich (column
3, line 35 - column 4, line 6) discuss the desired physical
properties of the volatile carrier. These properties include the
boiling point, water solubility and viscosity. One of ordinary
skill in the art would recognize that the close homologs would
possess physical properties within or very near to these
disclosed numeric values. Thus, we agree that the similarity in
chemical structure and properties between the applied prior art
and the compounds of the claims is sufficiently close to support
a prima facie case of obviousness. See In re Payne, 606 F.2d
303, 313-314, 203 USPQ 245, 254-255 (CCPA 1979).
The claims require the use of a cyclopolydimethyl siloxane
in addition to the alkylmethylsiloxane in the compositions. Both
Cobb (column 3, lines 6-8) and Bolich (column 3, lines 49-50)
teach the use of cyclopolydimethyl siloxanes such as those
claimed as volatile carriers. The references also teach that
mixtures of volatile carriers are contemplated. See Cobb (column
2, lines 61-62) and Bolich (column 3, lines 36-40). It would
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