Appeal No. 95-0246
Application 07/990,262
Claim 1 is representative:
1. A method for making clear, stable, aqueous micro-
emulsions of polydiorganosiloxane which comprises: sequentially
adding a precursor emulsion comprised of cyclopolydiorgano-
siloxane, surfactant, and water to a polymerization medium
comprised of water and an effective amount of a polymerization
catalyst while mixing wherein the rate of addition of the
precursor emulsion is effective to form a clear, stable
microemulsion which has polydiorganosiloxane droplets of less
than 0.15 micron average size, and which contains a surfactant to
polydiorganosiloxane weight ratio of 0.15 to 5.
The references relied on by the examiner are:
Hyde et al. (Hyde) 2,891,920 June 23, 1959
Findlay et al. (Findlay) 3,294,725 Dec. 27, 1966
All of the appealed claims stand rejected under 35 U.S.C.
§ 103 as unpatentable over the Findlay reference, considered
alone or in combination with Hyde.
DISCUSSION
Initially, we observe that the subject matter of this appeal
was reviewed by another merits panel of the Board of Patent
Appeals and Interferences (Board) in parent application Serial
No. 07/439,751. See Paper Nos. 12 and 14 of the parent file
(Appeal No. 91-3171). In the instant application, appellants
have added claims 21 and 23, not previously considered by the
Board. Appellants further rely on factual evidence submitted in
this application but not previously before the Board.
Specifically, appellants rely on the Gee affidavit, filed under
the provisions of 37 CFR § 1.132, executed December 11, 1992, and
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