Appeal No. 95-0415
Application 08/013,877
compounds to have similar properties and function in the context
of the compositions disclosed by the prior art in a similar
manner.
With respect to claims 2-8, the claimed alkylmethylsiloxane
component is limited to at least a hexyl moiety in the central
portion of the molecule. We do not agree with the examiner’s
conclusion that the molecules set forth in claims 2-8 are so
similar as to have a reasonable expectation of similar physical
properties so as to expect such molecules to function in a
similar manner in the context of the applied prior art. The
examiner has not pointed to any recitation of properties that
would support such a conclusion.
With regard to the discussion of unexpected properties
contained on pages 6 and 7 of the Appeal Brief, we note that on
pages 13 and 14 of the specification a comparison is presented in
which the embodiment of the presently claimed composition
contains a linear alkylmethylsiloxane with a central hexyl
moiety. Having concluded that the use of such a compound in the
compositions of the claims would not have been rendered obvious
from the teachings of the prior art we do not reach this rebuttal
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