Ex parte LEITCH et al. - Page 10

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

              point out that claim 1 does not appear to require that the nonvolatile plasticizer be                      
              present in any particular part or phase of the composition.  In this regard, appellants                    
              should take into account that the hair styling rinse composition of the above identified                   
              examples of the Bolich patents is formed by mixing all of the components to                                
              homogeneity.  As seen from Examples VIII and IX of the present specification, the                          
              present compositions are also mixed to form a homogeneous mixture.  Thus, it would                         
              appear reasonable to expect that if the 350 centistoke polydimethyl siloxane fluid or the                  
              nonvolatile polyalkyl siloxanes of the Bolich patents meet the solubility requirement of                   
              claim 1(a)(iii) on appeal, the resulting homogeneous composition of either reference                       
              would appear to be indistinguishable from the homogeneous composition of the present                       
                     The decision of the examiner is reversed.                                                           

                            Bruce H. Stoner, Jr., Chief                )                                                 
                            Administrative Patent Judge                )                                                 
                                                                       )   BOARD OF PATENT                               
                            Sherman D. Winters                  )     APPEALS AND                                        
                            Administrative Patent Judge                )    INTERFERENCES                                
                            William F. Smith                           )                                                 
                            Administrative Patent Judge                )                                                 


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