Appeal No. 95-4881
Application 08/254,852
The examiner further states that “Keil, for example, is cited and discloses siloxane copolymers which
contain one or more of the polydiogranosiloxanes segments and one or more poloxyalkylene segments as
defined at col. 5, lines 15-68 [of Keil]” (answer: p. 3). The examiner has not explained how a person
having ordinary skill in the art taking the combined teachings of Ansher-Jackson, Bolich and Keil would
have been led to appellants’ claimed trisiloxane polyether.
Keil discloses a composition for an antiperspirant stick which comprises an aqueous solution of an
astringent dispersed in a solid matrix of methylsiloxane fluid, solid alkanoic acid, a polydiorganosiloxane-
polyoxyalkylene copolymer containing at least one polydiorganosiloxane segment, and a waxy ester (col.
2, line 33 to col. 3, line 12). Keil discloses a wide variety of polydiorganosiloxane-polyoxyalkylene
polymers (col. 4, line 54 to col. 7, line 3) which may include the siloxane polyethers within the scope of
the claimed subject matter. However, the examiner has not analyzed the reference and explained how the
teachings of the reference would render the claimed trisiloxane obvious.
The combined teachings of the references relied upon by the examiner also do not present a prima
facie case because the examiner has not explained how “it would have been obvious to one having ordinary
skill in the art at the time of the invention to select the claimed polyether modified siloxane with the
reasonable expectation of deriving a hair conditioning composition” (answer: p. 3). Ansher-Jackson and
Bolich teach that the siloxane polyethers or silicone copolyols are used as secondary surfactants in the hair
conditioning compost. Keil does not disclose the purpose for including the polydiorganosiloxane-
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