Ex parte GLOVER - Page 2




          Appeal No. 95-4250                                         Page 2           
          Application No. 08/086,395                                                  


          dated January 06, 1995, Paper No. 8, entered as per the                     
          communication dated August 28, 1998, Paper No. 12).  Claims 1,              
          3-5, 7-9, 12, 14, 15, 17, 18, and 21- 24 are the only claims                
          remaining in this application.                                              
                                      BACKGROUND                                      
               The appellant's invention relates to a water in volatile               
          silicone emulsion gel composition, a method of making the gel               
          composition, and a method of use of the gel composition for                 
          moisturizing skin. The gel composition is made by measuring the             
          refractive index of a water phase and an oil phase, matching                
          the refractive indices thereof, adding the water phase to the               
          oil phase and subjecting the phases to shear mixing. The oil                
          phase comprises a volatile silicone selected from linear and                
          cyclopolysiloxanes of specified formulas, a siloxane polyether,             
          and an emollient. The water phase comprises water and an                    
          oxyethylene functional organosilane of a specified formula and              
          optionally a water soluble humectant having a refractive index              
          above 1.35.                                                                 
               According to appellant (specification page 2, line 16                  
          through page 3, line 11 and pages 16 and 17, examples I and                 
          II), crystal clear gels may be made by matching the respective              







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