Appeal No. 95-4881
Application 08/254,852
Claimed Subject Matter
The claims on appeal are directed to a composition comprising a mixture of an amine functional
silicone and a trisiloxane polyether. Claim 7 is illustrative of the claimed subject matter. A copy of the claim
is appended to this decision.
References of Record
The following references of record are relied upon by the examiner as evidence of obviousness:
Keil 4,265,878 May 5, 1981
Ansher-Jackson et al. (Ansher-Jackson) 5,100,657 Mar. 31, 1992
Bolich, Jr. et al. (Bolich) 5,104,646 Apr. 14, 1992
The following article was cited by appellants in their reply brief:
D. F. Williams et al. (Williams), Chemistry and Technology of the Cosmetics and Toiletries
Industry, Blackie Academic & Professional, page 93 (1992).
The Rejection
Claims 7-11 stand rejected under 35 U.S.C. § 103 as being unpatentable over Ansher-Jackson
or Bolich in view of Keil.
Opinion
We have carefully considered the respective positions advanced by appellants and the examiner.
For the reasons given below, we will not sustain the examiner's rejection .
While we agree with the conclusion and reasons by the examiner that the affidavit under 37 CFR
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