Appeal No. 95-4250 Page 3
Application No. 08/086,395
water and oil phase refractive indices with or without using a
separate humectant in addition to the oxyethylene organosilane
(which functions as a humectant) in the water phase. An
understanding of the invention can be derived from a reading of
exemplary composition claims 21 and 22, which differ in that
claim 22 requires a separate humectant in addition to an
oxyethylene organosilane in the water phase that is used in
making the composition. Claims 21 and 22 are reproduced below.2
21. A gel comprising a composition made by (i) forming an
oil phase having a volatile silicone, a siloxane polyether, and
an emollient; (ii)forming a water phase having water, a water
soluble humectant with a refractive index above 1.35, and an
oxyethylene functional organosilane; (iii) measuring the
refractive index of the oil phase and the water phase; (iv)
matching the refractive indices of the oil phase and the water
phase; (v) adding the water phase to the oil phase: and (vi)
subjecting the phases to shear mixing; the volatile silicone
being selected from the group consisting of cyclopolysiloxanes
of the formula [(CH ) SiO] and linear siloxanes of the formula
3 2 x
(CH ) SiO[(CH ) SiO] Si(CH ) in which x is three to ten and y is
3 3 3 2 y 3 3
zero to four; and the oxyethylene functional organosilane has
the formula RSiR' in which R is the radical - O(CH CH O) R"; R'3 2 2 x
is R or an alkyl radical having one to six carbon atoms; and R"
is selected from the group consisting of hydrogen, an alkyl
2Independent claims 1 and 12 are directed to methods of
making the gel and independent claims 23 and 24 are directed
to methods of using the gel that correspond with composition
claims 21 and 22 and in which the differences in scope between
method claims 1 and 12, and between method claims 23 and 24
also centers on the requirement of a separate humectant in the
water phase in each of claims 1 and 23.
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