Ex parte LEITCH et al. - Page 8

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

              column 17, line 5 - 47, of Bolich N646 where nonvolatile silicone fluids are described                     
              which comprise polyalkyl siloxanes, the alkyl moiety of which may be the same group or                     
              different groups, e.g., methyl and ethyl.  The polyalkyl siloxanes of the Bolich patents                   
              may contain from about 7 to about 8,000 siloxane monomer units.  Thus, it appears that                     
              the nonvolatile silicone fluids described in these portions of the Bolich patents are the                  
              same as, or similar to, the plasticizers described at page 17 of the specification as                      
              “methyl alkyl silicones.”   See also the disclosure at page 18 of the specification that                   

              preferred nonvolatile plasticizers include methyl alkyl silicones having C  - C  alkyl2    20                        
              and from 1 to about 500 siloxane monomer units.                                                            
                     We also point out the disclosure at column 12, lines 56-65 of Bolich N658 that                      
              preferred nonvolatile silicone materials can comprise nonvolatile silicone fluids having                   
              viscosities of less than about 100,000cP (centipoise) and silicone gums having higher                      
              viscosities.  The same disclosure appears at column 19, lines 20-29, of Bolich N646.                       
                     If the 350 centistoke polydimethyl siloxane fluid of Example XI of Bolich N646 and                  
              Example XIX of Bolich N658 meets the solubility requirement of claim 1 (a)(iii) on                         
              appeal, it would appear that those examples anticipate claim 1.  Upon return of the                        
              application, the examiner should reconsider Bolich N646 and Bolich N658 in their                           
              entireties taking into account the above analysis.  The substantial similarities existing                  
              between the 350 centistoke polydimethyl siloxane fluid used in the above identified                        


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