Ex parte LEITCH et al. - Page 7

              Appeal No. 96-0937                                                                                         
              Application 08/203,723                                                                                     

              of establishing a prima facie case of anticipation has been properly discharged.                           
              Accordingly, we reverse the two rejections.                                                                
                                                     Other Issues                                                        
                     There are disclosures in Bolich N646 and Bolich N658 which appellants and the                       
              examiner have not discussed on this record which are relevant in determining the                           
              patentability of the claims on appeal.  We direct attention to Example XI of Bolich N646                   
              and Example XIX in Bolich N658.  Each of these examples is directed to a hair styling                      
              rinse composition which comprises in relevant part a silicone macromer-containing                          
              copolymer, a volatile silicone fluid, and water.  What has not been considered on this                     
              record is whether the silicon gum/fluid premix component of these compositions can be                      
              considered to be the nonvolatile plasticizer of the present invention.                                     
                     Each of these examples contains a premix which comprises a polydimethyl                             
              siloxane gum and a 350 centistoke polydimethyl siloxane fluid.  The 350 centistoke                         
              polydimethyl siloxane fluid may be the nonvolatile plasticizer of the claimed invention                    
              for a number of reasons.  First, the present specification at page 17, lines 25-31, states                 
              that the nonvolatile plasticizer of the present invention may be a methyl alkyl silicone.                  
              Preferred methyl alkyl silicones are described at page 18, lines 30-31 as having C  -                      
              C  alkyl and from 1 to about 500 siloxane monomer units.  Second, we point to the                          
              disclosures appearing at column 10, line 32 - column 11, line 7, of Bolich N658 and                        


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